by Chris SwiecickiSpecial Update: Supreme Court Ruling on Chevron
The Supreme Court’s 6-3 ruling on Friday, June 28th 2024, effectively overturned a 1984 decision colloquially known as "Chevron." This 40-year precedent...
Read Moreby Chris SwiecickiTax Court Holds Form Over (Controlled) Substance
I am again both proud and honored to be co-author with Richard Wise on this article, which first appear in the St. Louis Bar Journal. Any errors are mine...
Read Moreby Chris SwiecickiWarning to Real Estate Developers: Get a Lawyer On Board Before You Contract with Engineers and Architects
A large part of real estate development requires entering into contracts with architects, engineers, and construction companies. The contracts can be...
Read Moreby Chris SwiecickiSonny Did Not Rollover: Some Perils of Holding and Transferring Nontraditional Assets in IRAs
I was delighted when asked to be co-author with Richard Wise on this article, which first appear in the St. Louis Bar Journal. Richard is a wealth of...
Read Moreby Chris SwiecickiChoosing a Legal Ownership Structure for a New Business
In the early stages of a business, a lot is riding on every decision. Choosing the legal ownership structure, for example, can impact taxes, legal...
Read Moreby Chris SwiecickiWhen is the Right Time to Bring in an Attorney for a Business Contract?
Every business, no matter how small, will eventually need to enter into some type of transaction that requires a formal contract. Small business owners may...
Read Moreby Chris SwiecickiLooking for Business Contract Templates? Read This First
In the world of business, contracts keep transactions running smoothly. Contracts define the rights and obligations of the parties involved and provide the...
Read Moreby Chris SwiecickiKeep it in the Family? Why Family Businesses Need a Good Attorney, Too
A family business can become a lasting legacy, passed down for generations. But professional and personal interests don’t always mix as well as everyone...
Read Moreby Chris SwiecickiWhat is the “Representations and Warranties” Section of a Purchase Agreement for, and Why is it Important?
When buying or selling a business, an accurate representations and warranties section of a purchase agreement is critical for ensuring a smooth transition....
Read Moreby Chris SwiecickiIs There a Statute of Limitations on Patent Infringement?
Does your business have a patent that another company has infringed upon? Or are you being blamed for stealing someone else’s idea or product? In either...
Read Moreby Chris SwiecickiWhat Happens When Labor Union Contract Negotiations Break Down?
From time to time, contract negotiations stall between small businesses and their union employees. This scenario can seem daunting for businesses relying...
Read Moreby Chris SwiecickiHow Long Does the Average M&A Deal Take?
Mergers and Acquisitions (M&A) are complex business transactions that can significantly impact companies, industries, and even whole economies. They...
Read Moreby Chris SwiecickiThree Kinds of Conflicts Where a Corporate Lawyer is Essential
“Corporate law” is a broad category involving all legal issues of establishing, managing, and operating a corporate entity. But at the same time, it is a...
Read Moreby Chris SwiecickiPotential Tax Implications of Employment Settlements
Employee settlements are a fact of life for many businesses. The tax implications of those settlements, however, are too often an afterthought. Both parties...
Read Moreby Chris SwiecickiWhat is Patent Infringement? And Can it Apply to Apps?
In today’s smart-phone driven world, mobile applications are part of everyday life. Apps are everywhere, enhancing our productivity, communication, and...
Read Moreby Chris Swiecicki7 Tips for Preparing for Contract Negotiations
Running a business involves managing risk in many forms, from economic downturns to severe weather. One risk has more influence over a company’s success...
Read Moreby Chris SwiecickiHow Taxation Laws Affect Stock Market Prices
When you hear news of possible corporate tax rate increases, your first thought may be how this will hurt your company’s bottom line. In addition to...
Read Moreby Chris SwiecickiWhat is the Difference Between a Merger, an Amalgamation, an Acquisition, and a Takeover?
As a small business owner, one of your long term goals could be to sell your business, or acquire another one to expand your reach. Either way, it's a big...
Read Moreby Chris SwiecickiWhat Does a Business Litigation Attorney Do?
When starting a business, few owners expect to end up facing a lawsuit. But at some point during the life of the company, they may end up on either side of...
Read Moreby Chris SwiecickiWhat is “Lifting the Corporate Veil” in Company Law?
Founders set up LLCs and other corporations to protect themselves from personal legal liability. The personal assets of members of an LLC are separate from...
Read Moreby Chris SwiecickiWhat is a “Poison Pill” in Corporate Law?
When a larger company tried to take over the company owning the St. Louis Post-Dispatch in 2022, corporate lawyers showed Lee Enterprises how to fight back....
Read Moreby Chris SwiecickiWhat is a Merger and Acquisition Lawyer? When Do You Need One?
Merger and acquisition lawyers help companies that are at a crossroads. They facilitate deals and advise owners who are looking to sell their business, buy...
Read Moreby Chris SwiecickiSelling Your Business? Find Out About Section 1202 to Avoid Taxes on Your Capital Gain
Investing in emerging fields like tech and software can have enormous tax advantages. When entrepreneurs sell their businesses, they may be able to exclude...
Read Moreby Chris SwiecickiWhat Business Legal Fees are Tax Deductible?
As a small business owner, you know how important it is to seek legal advice and services when needed. From drafting contracts to resolving disputes, legal...
Read Moreby Chris SwiecickiCan Disasters Be Tax Deductible? Tax Implications of a Corporate Lawsuit
A day barely goes by without a news report about some corporate entity making a serious misstep that has them facing fines and penalties. Several cases of...
Read Moreby Chris SwiecickiHow to Find a Corporate Tax Lawyer
Creating a tax strategy takes teamwork among legal, finance, and accounting professionals. Many companies trust an independent corporate tax lawyer as an...
Read Moreby Chris SwiecickiUnderstanding Sandbagging in M&A Transactions
In the context of buying a business, a "sandbagging" Buyer is one who is (or becomes) aware that a specific representation or warranty made by the Seller is...
Read Moreby Chris SwiecickiUnderstanding Contract Law: The Implied Covenant of Good Faith and Fair Dealing
A legal contract’s basic function is to state the rights and obligations of each party. In addition, the document typically covers what will happen under a...
Read Moreby Chris SwiecickiMergers and Acquisitions: The Perils of Breaking a Stock Purchase Agreement
At Swiecicki & Muskett, LLC, we often litigate interesting cases that illustrate just how important it is to follow the terms of a contract. One recent...
Read Moreby Chris SwiecickiC-Corps vs. LLCs: Which One is Right for My Business?
When deciding the best way to structure their business, owners are often inundated with advice. And while friends , colleagues, and even accountants can...
Read Moreby Chris SwiecickiThe Importance of Due Diligence
The Court, Seller, and Buyer all agree that the $10 million of cash in the dda accounts that Seller failed to sweep belonged to Seller; Yet the Buyer was...
Read Moreby Chris SwiecickiHonored to Serve Washington University School of Law
In the St. Louis area, we are lucky enough to have one of the nation’s best law schools. Washington University School of Law is one of these institutions...
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