Brett Gibson has significant experience in representing a variety of businesses, including in the areas of software development, medicine, construction, veterinary services, trucking, manufacturing and food service. Brett Gibson works closely with small businesses to insure they have a legal foundation to minimize risks, maximize leverage when entering into contracts, and optimize business relationships.

Advantageous lease terms and vendor agreements are essential for long-term success. Employment and non-compete agreements can secure investments in employees. A properly drafted shareholder agreement can provide continuity of ownership in the event of death, disability or divorce. And, proper corporate governance can reduce liability exposure and assure compliance with state laws.

Business Formation and Acquisition

• Choice of entity. Advise clients on choice of entity considerations, including S-corporations, limited liability companies, and partnerships.

• Business formation. Represent clients in business formation, issuance of shares, tax elections, and governmental reporting requirements.

• Business Acquisitions. Negotiate business acquisitions on behalf of clients, including advising on structure and financing issues and drafting asset and stock purchase agreements, real property transfer documents, and financing documents. Representative transactions include acquisition of veterinary clinic, purchase of restaurant, and purchase of technology company.

Business Operations

• Non-Compete Agreements. Advise clients on industry specific issues relating to non-compete agreements, including enforceability, scope, duration, and modification. Represent clients in drafting enforceable non-compete agreements for key employees and sales people.

• Shareholder Agreements. Advise clients on business and succession planning and the use of buy-sell agreements, estate planning, and financial planning. Represent clients in drafting agreements to retain control of closely-held corporations in the event of shareholder death, divorce, or disability.

• Operational Agreements. Negotiate and draft product license agreements, confidentiality agreements, covenants not to compete, product distribution agreements, marketing and distribution agreements, and specific contracts to enable business objectives to be completed.

Software and Technology

• Licensing. Represent software developers in drafting software license agreements.

• Development. Represent clients in negotiating and drafting software development, modification, and maintenance agreements.

• Confidentiality and protection of assets. Advise clients in protecting confidentiality and non-disclosure of technology, including software, source code, and applications, including in transactions with vendors, developers, partners, and distributors.

Municipalities

• Finance and Economic Development. Represented Indiana city in drafting transaction and financing documents to secure government loans and grants for job training program for the benefit of local employers.

• Grants and Equipment. Represented Indiana city in obtaining Indiana’s largest IDEM grant for purchase of heavy equipment for use in recycling program.

Email: bg@bbgibson.com
Phone: (765) 742-8440
Fax: (765) 742-8503