PRACTICES

In 1979, this firm was founded with an entrepreneurial spirit and a focus on assisting small businesses and their owners. We are especially qualified to understand all of the different and unique challenges faced by non-profit and for profit businesses — ranging from start-ups to multi-million-dollar enterprises.

From business creation to business administration, we are part of your team. Therefore, our understanding of your objectives will better ensure our services strengthen the competitiveness of your business.

Our attorneys have broad experience helping business clients in a range of services: business entity creation; planning, advising, and compliance; management representation; and, employment compliance and prevention.

BUSINESS ENTITY CREATION

Our experienced attorneys can assist you in the creation and filing of the proper documentation for your new business entity, whether a nonprofit, for profit, corporation, limited liability company, partnership, or other such entity.

We will review your business plan and work with your accountant or financial advisor to help you determine the best entity to create. We will ensure that, whatever your choice, you will benefit by minimizing your personal exposure and maximize results.

PLANNING, ADVISING, AND COMPLIANCE

Our partners understand the satisfaction and concerns of running an existing business. BHMK attorneys will help develop your business plan for the future, enabling you to run your business more effectively and to make it grow.

We assist business owners with: employment compliance/prevention; management representation; tax planning; employee benefits and compensation plan review; drafting, reviewing, and negotiating commercial contracts; changes of business ownership and structure; mergers and acquisitions; copyrights and trademarks; real estate; succession planning; and other business related matters.

In addition, our office can provide assistance in matters of federal or state required corporate governance. This almost always includes the creation and maintenance of minute books of annual and special shareholders’ and directors’ meetings, and any appropriate resolutions.

MANAGEMENT REPRESENTATION, AND EMPLOYMENT COMPLIANCE AND PREVENTION

Our clients, as employers, have many responsibilities to navigate when it comes to their workforce. Our attorneys provide extensive expertise in employment law matters, including litigation. Some common examples include:

• Drafting and review of employment, compensation, benefit, and severance agreements — including non-disclosure, non-solicitation, non-compete, and trade secret agreements.
• Directing compliance with the Family and Medical Leave Act (FMLA) and employee leave of absence law; the Americans with Disabilities Act (ADA); Equal Employment Opportunity Commission (EEOC) and Ohio Civil Rights Commission (OCRC) regulations; Fair Labor Standards Act (FLSA) regulations for overtime; and insurance and HIPAA compliance.
• Drafting and review of personnel and discipline policies.
• Other employment areas in which we have substantial experience include:
  - Enforcing non-compete and trade secrets agreements
  - Wage and hour issues
  - Discrimination, retaliation, wrongful termination, and whistleblower claims
  - Labor relations and collective bargaining

Employee Benefits

Our attorneys understand that employee benefits and compensation arrangements are important to our clients and that a one-size-fits-all approach to benefits doesn’t work for every business entity. Our attorneys have the expertise to work with businesses of all sizes and types (privately-held, publicly-held, non-profit organizations, governmental entities, and professional service corporations) to design, implement, and provide compliance advice (including disclosure, reporting, and fiduciary responsibilities) for the following types of employee benefit plans:

• Health & Welfare Benefit Plans
  • Wrap Plan Documents
  • Summary Plan Descriptions (SPD)
  • Summary of Benefits and Coverage (SBC)
• Health Reimbursement Arrangements (Medical Expense Reimbursement)
• Fringe Benefit Plans
  • De minimis Benefits (employer provided cell phones, holiday gifts, etc.)
  • Educational Assistance
  • Employee Discounts
  • Meals and Moving Expenses
  • Qualified Transportation Benefits
• Cafeteria Plans
• Flexible Spending Arrangements
• Dependent Care Spending Arrangements
• Health Savings Accounts
• Wellness Programs
• Qualified Retirement Plans
  • Defined Contribution Plans such as Profit Sharing Plans, 401(k) Plans, Safe Harbor 401(k) Plans
  • Defined Benefit Plans including Cash Balance Plans
• Other Retirement Plans
  • SEP
  • SIMPLE IRA
• Non-Qualified Deferred Compensation Arrangements
• Executive Employment Agreements
• Third-Party Administrator and Service Provider Agreements

Our attorneys also have the expertise to provide advice regarding the Internal Revenue Code; Affordable Care Act (PPACA or health care reform); COBRA, HIPAA, HITECH, ERISA, PHSA, ADEA, FMLA, USERRA, Medicare Secondary Payer rules, QDROs and QMCSOs, all of which may impact our clients’ employee benefit plans. Finally, we can represent our clients before the IRS and DOL when involved in plan audits, with IRS and DOL voluntary compliance programs and with obtaining IRS determination letters.