A BUSINESS APPROACH TO LAW

The attorneys at Kupfer. bring a business owner’s mentality to the practice of law. For example, Corey Kupfer had been an entrepreneur since he was 15 and, based upon that experience, understands how business owners think. He is also a two term President of the New York Chapter of Entrepreneurs' Organization so entrepreneurs are his community. Finding the best approach to  transactions, agreements, and deals requires close consideration of three factors:

1. The benefits

2. The risks

3. The overall impact on your business

Often the broader view receives the least amount of scrutiny when lawyers concern themselves only with the specific deal and the details of the agreements. That is why the role of outside general counsel is so important to a growing business.

At Kupfer. we pay considerable attention to the larger picture, assessing your vision for the direction of your business, not simply the circumstances of one transaction. We are Strategists, Negotiators and Deal Makers.

STRATEGISTS

We get involved early in the process – not simply to document the deals. Serving the role of counselors and advisors – part of the client’s business growth team – we help our clients strategize about how to grow, protect, sell and pass on their businesses. We strategize with:

• Larger companies as to how to continue or restart their growth.

• Small and medium size companies on expansion and new business opportunities.

• Entrepreneurs to help them coordinate their personal goals and vision with their business strategies.

• Startup companies on how to avoid pitfalls and powerfully launch their new ventures.

Our role as strategists requires us to give clear guidance and offer strong and reasoned opinions. We are unafraid to put ourselves on the line on behalf of our clients. We believe it is our responsibility to support, counsel, protect and sometimes challenge our clients, so we take the time to learn our clients businesses, industries, corporate culture, personalities, risk tolerance and overall goals.

We also understand that business involves risk, and our job is to fully inform our clients and help them assess the risks but also recognize that risk must be balanced against opportunity and that no business grows and remains successful without taking some risk. Then we help our clients implement their decisions (whether in keeping with our advice or not) in the most effective and efficient manner for their situation.

NEGOTIATORS

At Kupfer. we love to negotiate and have been very successful doing so. Corey is a leading speaker and author on this topic and has developed and trains people on what he has defined as authentic negotiating.  His full negotiating philosophy and approach is set forth in his 2017 5-star rated Amazon best-selling book, Authentic Negotiating: Clarity, Detachment & Equilibrium - The Three Keys to True Negotiating Success & How to Achieve Them. Our success derives from a belief that negotiation is not about manipulation or, at its core, even non-manipulative tactics and techniques but instead doing the necessary external and internal preparation work to enter a negotiation from a centered place of being with total clarity.  There is no single “best” style of negotiation. Instead, our experience allows us to adapt our negotiating to the situation by reflecting on the right questions:

• Is this a deal in which the parties need to live together after it is done?

• How much leverage does our client have?

• Is the client willing to walk away or do they need the deal?

• What is the culture or personality of the party across the table?

• What is the approach of the attorneys on the other side?

• When can we best make progress by asking questions, appealing to the other side’s sense of fairness, banging the table, softly making clear that demand is unacceptable, remaining silent, or proposing creative alternatives?

These are choices that after more than 35 years of negotiating become instinctual and make a huge difference in the outcome of a negotiation.

DEALMAKERS

Raw determination alone will not close a deal. Experience and flexibility are often the missing ingredients. Because Kupfer. attorneys have almost always worked on more deals of any given type than our clients have, we bring experience not only on legal issues but also on:

• Types of deals available,

• Most beneficial structures,

• Industry norms and practices,

• Due diligence issues and procedures,

• Creative approaches for moving deals forward, and

• The commitment is needed for a timely close.

Not every business deal can be wedged into a rigid structure. At Kupfer., we do not rely on a few standard structures and allow transactions to falter simply because of a lack of imagination. We creatively and legally structure deals and then work through issues.

By working quickly and thoroughly to move our clients through the due diligence process, we prevent deals from falling apart based on delays or the discovery of a surprise issue.

We prepare clients in advance, knowing by experience what the other side will want to see so that the client is informed, organized, and seen as a very desirable business partner. We then work with the client not only to close the transaction but also in the post-transaction planning and strategizing so they can maximize the benefits of the deal.

We invite you to contact our attorneys to arrange a consultation and discuss how Kupfer. can support your overall business goals.  Contact us >