Helping you protect and grow your business
Mallor Grodner helps enterprises succeed by combining extensive knowledge of business law with years of practical business experience. We offer astute guidance on critical business decisions and transactions to help you protect the financial integrity of your business and provide a secure foundation for growth. As your business grows, we can serve as a sounding board for ideas, alert you to business risks, and help you spot and take advantage of opportunities. We can also help you work through and negotiate the fine points of strategic deals.
Our strong business IQ is not only a reservoir of sensible counsel, it also keeps us nimble, accessible and responsive. We’ll call you or email you back when you need answers, and we won’t over-engineer solutions. No matter how deep, complicated or stressful the engagement, we will calmly focus on achieving the best possible outcome and protecting your long-term interests.
Buying, selling, merging, financing and other business transactions involve complexities where knowledgeable and experienced legal counsel can be of invaluable assistance. Timeliness and prompt communication are keys to keeping a transaction moving. The attorneys at Mallor Grodner and our staff are committed to remaining in constant contact with you from the start of planning for a transaction through its successful conclusion. Our attorneys listen to you and work to achieve the best possible outcome for you and your business.
Our business transaction services include the following:
- Buy/Sell transactions
- Asset purchase transactions
- Mergers and acquistions
- Stock sale and interest sale transactions
- Trademark and licensing agreements
- Financing and loan transactions
If you or your business is sued or needs to file a lawsuit, the attorneys at Mallor Grodner are dedicated to getting you the best possible outcome. We stand by you and aggressively pursue your rights and interests with honesty and integrity. Our attorneys represent clients before administrative agencies and in both state and federal courts. We represent businesses in all types of litigation, from defending a business sued in a small claims court to cases in federal courts involving millions of dollars. Our attorneys keep your interests foremost and are keenly aware of the need to deliver value and keep in constant contact with you.
General Employment Litigation
Federal, state and local employment laws impose multi-faceted complex obligations on employers. We provide strategic legal advice and services to help our clients minimize their risk of litigation. However, when litigation cannot be avoided, we represent our clients in their most critical employment disputes. We handle all employment-related matters, including discrimination, harassment, wage and hour violations, ERISA violations, wrongful discharge, defamation, breach of contract, workplace misappropriation of trade secrets and confidential information, unfair competition, retaliation, and employment-related torts. Whether the forum is federal or state court or an administrative agency, we aggressively defend our client and attempt to resolve matters as efficiently and cost-effectively as possible.
Management and Employee Training
Mallor Grodner helps our clients reduce employment litigation through education on legal trends, judicial developments, and statutory and regulatory compliance. Our training programs, led by experienced attorneys, provide supervisors, managers and human resource professionals the knowledge and skills necessary to respond to the challenges that govern today’s workplace. We train management and employees on a variety of workplace issues including harassment and equal employment opportunity issues, as well as the Americans with Disabilities Act and the Family and Medical Leave Act. In addition, we provide alerts and updates on key issues directly impacting our clients to help our clients remain abreast of the most recent developments.
Employment litigation is expensive and distracts the workforce from getting their job done. Our attorneys understand that employers are best served by addressing potential workplace issues before problems arise. We assist our clients with developing preventive strategies to address workplace matters before litigation occurs.
Company policies and employee handbooks are key to defining the working relationship between employers and employees. Our attorneys assist employers to ensure that their policies and employee handbooks are consistent with their goals and corporate culture, as well as being compliant with all applicable laws and regulations. We audit current employment policies and handbooks to provide recommended changes and or updates, as well as develop new policies and handbooks specifically tailored to the client’s needs. In addition, we assist our clients in handling the following workplace issues as they arise:
- Accommodating employees with disabilities;
- Document retention and record-keeping;
- Drafting employment forms and human resources policies and procedures;
- Drug and alcohol programs and compliance;
- Employment contracts and severance and separation agreements;
- Immigration compliance;
- Non-competition, non-solicitation and confidentiality agreements;
- Privacy and social media agreements;
- Recruiting and hiring employees, including background checks and offer letters;
- Workplace safety;
- Discipline and termination issues;
- Human resources audits;
- Internal employee complaints and investigations;
- Unemployment claims; and
- Workers’ compensation.
Leaves of Absence and Disability Accommodation
Handling employee absences, employee leave entitlements and employee requests for disability accommodation is a full-time commitment for many employers. Juggling the myriad of different laws which can impact an employee’s absence is a virtual minefield of potential litigation. Our attorneys take a practical approach to addressing leaves of absence and accommodation issues, and assist employers with effectively complying with each of the intersecting laws.
The expansion of the Americans with Disabilities Act (ADA) and the ADA Amendments Act, as well as recent amendments to the Family and Medical Leave Act (FMLA), provide additional challenges. Our attorneys are experienced in helping clients navigate the complex network of statutes and regulations, including:
- The Family and Medical Leave Act (FMLA);
- The Americans with Disabilities Act (ADA), including the new ADA Amendments Act Final Regulations;
- The Genetic Information Nondiscrimination Act (GINA);
- Health Insurance Portability and Accountability Act (HIPAA);
- Occupational Safety and Health Act (OSHA);
- State workers’ compensation statutes; and
- Federal and state privacy laws.
Non-Competes and Protection Against Unfair Competition
A company’s trade secrets and proprietary information are among its most valuable assets. Our attorneys vigorously assist companies with protecting these necessary resources. We understand the critical business need to respond quickly and effectively to prevent the disclosure of protected information. We draft agreements containing employment and post-employment restrictions that are tailored to each company’s individual needs. We also provide counsel on handling confidential information if a key employee leaves the company and joins a competitor. Areas of focus include:
- Drafting non-competition agreements, non-disclosure agreements, assignment of invention agreements, and similar documents;
- Preparing executive and individual employment agreements;
- Consulting on electronic information retention and security policies;
- Training employees on policies regarding confidential information, non-competes, and other protective measures; and
- Responding to injunction matters involving theft of trade secrets, employee raiding, and violations of state unfair competition laws.
Wage and Hour
Even when an employer is acting in good faith, wage and hour violations can give rise to substantial liability. Our attorneys counsel clients regarding wage and hour issues, perform wage and hour compliance reviews, and when necessary, defend our clients in related litigation and government agency investigations. Our attorneys regularly assist clients review their company policies and practices and determine areas of non-compliance. We then offer guidance on becoming compliant in a manner that minimizes the risk of litigation within the framework of the client’s operational needs. Areas of focus include:
- Classifying employees as exempt or non-exempt from overtime, including examining job duties as well as compensation practices such as deductions from wages;
- Classifying workers as independent contractors or employees;
- Proper compensation for all hours worked by non-exempt employees, including activities at the start and end of the workday and tasks performed away from the workplace;
- Properly calculating overtime, including consideration of all required compensation in the regular rate and the allocation of compensation items to the proper workweeks;
- Proper treatment of meal and rest periods;
- Timekeeping procedures; and
Our attorneys assist clients with ERISA compliance, fiduciary issues, and litigation. We counsel employers on the benefits aspects of corporate transactions and restructurings. We help employers comply with state and federal requirements governing benefits, including health and welfare plan rules, HIPAA privacy rules, and tax issues. Our attorneys counsel employers to proactively identify potential areas of concern with their plans and guide them with making potential corrections to their plans before a government agency audits the plans. We further help clients with any benefits aspects of employment-related documents, such as employment agreements, severance plans and agreements and incentive plans. We counsel clients on legal issues affecting the operation of benefit plans, including:
- Compliance with statutory requirements imposed by ERISA, the Internal Revenue Code, and federal and state employment laws;
- Review of plan documents, trust agreements, funding agreements, administrative agreements, summary plan descriptions and other documents governing plan operation;
- Review of communications and notices to determine accuracy and consistency with the texts of plans and summary plan descriptions;
- Review whether appropriate fiduciary structure, delegations and allocations of fiduciary authority, and written procedures for same are in place; and
- Review minutes of meetings of plan committees, both fiduciary and administrative, to determine adequacy of the records and recommend any needed procedural changes.
Motor vehicle dealerships
Mallor Grodner has extensive experience representing new and used motor vehicle dealerships, including automobile, truck and specialty vehicle dealerships. Our clients have included dealerships throughout Indiana, Illinois, Ohio, Kentucky and Michigan. Geoff Grodner has over 35 years experience in representing dealerships and in dealership management and operations, and leads the Mallor Grodner Motor Vehicle Dealership practice.
The legal services we provide to dealerships include:
- Dealership sales and purchases;
- Stock sales;
- Transition planning;
- Estate planning for dealership principals;
- Manufacturer relations and disputes;
- Licensing issues;
- Regulatory compliance;
- Defense of consumer complaints;
- Financing negotiation and document review;
- Dealership documentation and processes;
- Environmental matters;
- Employment law and employee litigation defense; and
- Business entity formation, structures and maintenance.
The individuals in our firm’s Motor Vehicle Dealership practice understand the importance of being responsive, practical and cost effective when representing dealerships. Our firm also understands that dealerships are not just 9 to 5 businesses, and we work to accommodate each dealership’s needs and schedules.
Real estate services include:
- Negotiating sales, acquisitions, commercial leases, loans, and refinancings
- Drafting, reviewing, and revising purchase agreements, leases, loan and refinancing documents, construction loan agreements, and related documents
- Land subdivisions and Planned Unit Developments
- Zoning changes and variances
- Eminent domain and condemnation proceedings
- Construction disputes
- Landlord and tenant disputes
- Mechanics liens
- Partition actions
- Negotiating and documenting work-outs
- Mortgage Foreclosures
- Tax abatement and protests
Strategic planning for your business
Planning for the future is critical to the success of your business. You and your business may need to plan for a transition in ownership or leadership, or both. You may need to develop plans and strategies for remaining competitive in your industry. The business attorneys at Mallor Grodner work with you step-by-step to develop those plans and strategies and will also be there to assist with implementation of those plans and strategies. Many of our attorneys have had hands-on experience in owning and managing businesses. They bring that experience and their in-depth knowledge of business law, when working with you to develop plans for transition of your business or strategic initiatives. Mallor Grodner works with you as attorneys, experienced counsel and trusted advisor to assure the success of your business and the best possible legal and life solutions.
Learn how our Bloomington and Indianapolis
business lawyers can assist you
Our attorneys are uniquely positioned to provide both sound legal and business management advice, and are available to assist clients in our Bloomington and Indianapolis offices. To schedule a consultation with a business attorney call 812.332.5000 for our Bloomington office and 317.453.2000 for our Indianapolis office.