New Hampshire and Vermont Business Law Attorney
Howard Myers
Providing Exceptional Results for His Clients
Howard B. Myers of Myers Associates, P.L.L.C., possesses a comprehensive understanding of business law to serve clients in the city of Lebanon, and throughout New Hampshire and Vermont, within the following practice areas:
- Business and Corporate Law
- Business transactions
- Business contracts
- Real Estate
- Real estate development
- Environmental issues
Attorney Howard B. Myers focuses on business and corporate law and complex real estate transactions. Many of these transactions have been in the multi-million dollar range and have included the purchase and sale of petroleum-related businesses as well as the development of alternative energy sources. Included in these transactions have been the acquisition and development of large tracts of land for a major real estate developer whose emphasis is on sustainable growth.
This experience in the acquisition and sale of businesses has also provided an intimate knowledge of bank financing and procedures. Because several of these transactions have included companies such as Exxon Mobil Oil Corporation and Irving Oil Company, Attorney Myers has knowledge of all environmental issues that must be considered in any transaction.
For many years prior to his current emphasis, Howard Myers focused primarily on litigation. His clients have included General Motors Corporation, Saab Scania, Toyota Motor Sales USA, Caterpillar, Sears & Roebuck, Volkswagen, Olin Corporation and Federal Cartridge.
"We bring a unique perspective to business law issues and real estate transactions. My extensive experience as a litigator defending multinational corporations in commercial and tort litigation means that I am able to understand not only the unique business considerations of any particular transaction, but also how the various positions of the parties may appear to a jury should a conflict subsequently arise which results in litigation."
-Howard B. Myers
Myers Associates, P.L.L.C., is a small firm by preference. The Firm stays small so that it can concentrate on practicing law and not on administration. That in turn means that the Firm can keep rates competitive and can be more selective in the nature of the clientele that it takes on. A client's matter is always handled by a partner and not by associates who often have little or no intimate knowledge of the client or the subtleties of the transaction.
Attorney Howard B. Myers has obtained outstanding results for his clients. Representative examples include:
Royce v. Dexter-Mogul Chemical Corp. (Cheshire County N.H. Superior Court.) - Obtained $1.6 million verdict for plaintiff Royce. Largest civil verdict in that court prior to this case was $171,000.
Chellman v. Saab Scania ab and Saab Cars USA (Carroll County N.H. Superior Court) – Obtained a defense verdict in 35 minutes after a three-week civil jury trial for client Saab in a products liability case.
If you or someone you know in New Hampshire or Vermont needs the assistance and legal counsel of an experienced business lawyer, contact Howard B. Myers of Myers Associates, P.L.L.C., today at 866-781-1607, or complete the contact form provided on this site to schedule your free consultation.
Practice Areas and Legal Definitions
Business and Corporate Law:
Business and corporate law is a broad category that encompasses the rules and requirements for all phases of a business's life, from its creation, then all of the activities during its life and, finally, its termination. The creation of a business includes the decision whether to form the business as a sole proprietorship, a partnership, a limited liability company, a corporation or some other type of entity, or whether to set up as a nonprofit.
The activities during a business's life include managing the various relationships that a company might have with its employees, customers, vendors, stockholders, bankers, the government and the public. Businesses also, of course, raise capital; keep records; file business and tax forms; hire employees; market and advertise their goods or services; merge with, acquire and/or sell other businesses; and a host of related activities. Whatever your business's needs, you can look to Attorney Howard B. Myers to achieve your business goals.
Business Contracts:
Business contracts are written documents that embody a wide range of business relationships that occur in the life of a typical company. They can include non-compete agreements, non-piracy agreements, non-disclosure agreements, restrictive covenants, employment agreements, producer agreements, sales representative agreements, consulting agreements, management agreements, franchise agreements, licensing agreements, deferred compensation agreements, independent contractor agreements, employee leasing, "rabbi" trusts and others.
Real Estate:
Real estate transactions are governed by federal statutes as well as state statutory and common law. Real estate law includes a wide variety of legal issues relating to acquiring, financing, developing, managing, constructing, leasing and selling commercial and residential real property of all kinds, including:
- Real estate transactions relating to representation, litigation, consultation and negotiation of mortgages, mortgage re-financing, reverse mortgages, 1031 tax-deferred exchanges, residential purchase and sale agreements, commercial purchase and sale agreements, residential leases, and commercial leases (e.g., office, medical building, restaurant, industrial property, or shopping center).
- Real estate disputes, including disputes over adverse possession, prescriptive easements, eminent domain, condemnation, property taxes, title and boundaries, views, trees, branches, party walls, fences, as well as nuisance, trespass and encroachment, as well as sale disputes (e.g., breach of contract, specific performance, non-disclosure, fraud or misrepresentation).
- Real estate broker issues, including claims against and defense of real estate brokers and agents including negligence, fraud/misrepresentation, breach of fiduciary duty, disclosure obligations.
- Construction defects and mechanic's liens, including disputes that owners, builders and contractors may have in regard to construction disputes, construction defects and claims, as well as construction accident claims.
- Land use and zoning matters, including representation of property owners before governmental entities (cities, counties, zoning boards, design review boards) relating to land use applications, permits variances, zoning exceptions, design review approvals, and special use permits, as well as common interest communities, including interpretation and enforcement of covenants and conditions & restrictions (CC&R's).
Environment Issues:
Environmental issues are an important component of any commercial real estate transaction. Attorney Howard B. Myers has a wealth of experience helping clients navigate the environmental issues and helping them answer questions such as: Which types of environmental issues do I need to be concerned about and what are the potential costs? How can I protect myself against potential harm in my contracts and otherwise? What are the legal considerations if I develop a site with environmental issues? Which environmental regulations do I need to satisfy and how do I go about doing it?
If you or someone you know in New Hampshire or Vermont needs the assistance and legal counsel of an experienced business lawyer, contact Howard B. Myers of Myers Associates, P.L.L.C., today at 866-781-1607, or complete the contact form provided on this site to schedule your free consultation.
Frequently Asked Questions
The following information includes frequently asked business questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Attorney Howard B. Myers at 866-781-1607, you can receive a personal consultation regarding your specific legal claim.
What is business litigation?
Business litigation involves business people representing a variety of industries on local, state and federal levels in matters pertaining to such diverse areas as:
- Business Torts: including commercial defamation; trade dress, patent or trademark infringement (including Lanham Act suits); interference with contractual or economic relations; breach of fiduciary duty; fraud and misrepresentation; unfair and deceptive trade practices and other conduct or claims that affect the success of a business.
- Class Actions: including securities fraud, commercial and tax issues, and minority shareholder rights.
- Contracts: such as a service contract with a primary vendor, an output contract with a key supplier, a sales contract with an important customer, or any other kind of written or oral agreement.
- Professional Malpractice: accountants, architects, engineers, doctors and lawyers all face the risk of malpractice claims that can jeopardize business, reputation and finances.
- Securities and Antitrust: claims involving securities and investments, claims arising under federal law--for example, Rule 10b-5, the 1933 Act, the 1934 Act--or state securities laws.
- Shareholder and Corporate Governance: shareholder inspection rights, duties of directors and officers, conflicts of interest, derivative actions, business judgment rule defenses, change of control provisions, dissent and appraisal proceedings, involuntary and judicial dissolution, minority shareholder rights and claims, and valuation of closely held corporations.
- Telecommunications: technical and industry-specific issues, including issues arising out of the Telecommunications Act of 1996.
What do business law lawyers do?
Business law encompasses rules, statutes, codes and regulations that are established to govern commercial relationships and provide a legal framework within which business law attorneys may help you conduct and manage your business.
Business law attorneys help you with every aspect of highly diverse business law including areas like: banking and finance law, business formation and organization, business negotiations, business planning, transactional business law, acquisition, merger, divestiture and sale of businesses, and business litigation, as well as environmental, intellectual property, labor and civil law areas.
What are some of the most common types of business organizations?
The most common types of business organizations include:
- Sole Proprietorship - you are the only owner of the business.
- Partnership- which can take the form of a regular partnership, a general partnership, limited partnership or limited liability partnership.
- Corporation - the default form of a corporation is a C Corporation (also known as Subchapter C Corporation). Smaller corporations typically file for the S Corporation (Subchapter S) tax election so they are not double taxed.
- Limited Liability Company (LLC) - a hybrid formation that provides personal liability protection similar to a corporation, with the flexibility and tax advantages of a single proprietorship or partnership.
What is a nonprofit corporation?
A nonprofit corporation (whether incorporated or as an unincorporated association) is an organization in which no part of the income is distributable to its members, directors, or officers. The corporation is not prohibited from making a profit; the prohibition is the distribution of any profits to members, officers, or directors of the organization. Nonprofit corporations are formed pursuant to state law. Nonprofit corporations must apply for exempt status, both at the federal and state level.
A nonprofit corporation formed under IRS code Section 501(c)(3) may be formed and organized to operate for some religious, educational, literary, charitable, or scientific purpose. It must be noted that a nonprofit corporation may also be formed for other purposes pursuant to various other sections of the IRS code.
Should I hire a business law attorney?
It's obvious that you should hire a business attorney if you're being investigated for securities fraud by the Securities and Exchange Commission (SEC) or a customer is severely injured by one of your products or on your premises. But, there are a lot of not so obvious reasons to retain a business law attorney.
For example, are you planning on forming a corporation or partnership? A business law attorney can avert a lot of legal issues that can arise with forming these types of businesses and he or she can advise you on the best business formation for your needs. A business law attorney can also help research any possible intellectual property issues and issues relating to hiring employees, tax issues and other legal matters that can arise with forming and running a business.
Professional Profile
Attorney Howard B. Myers places top priority on representing his clients vigorously and ethically to achieve the best results possible. He is a graduate of Dartmouth College and Columbia University Law School, and has practiced law for over 38 years. Prior to entering private practice, he was a trial attorney with the U.S. Department of Justice and a former Assistant Attorney General for the State of New Hampshire. He is a member of the New Hampshire and Vermont Bars and is admitted to practice before the U.S. Supreme Court.
If you or someone you know in Lebanon or throughout New Hampshire or Vermont needs the assistance and legal counsel of an experienced business lawyer, contact Howard B. Myers of Myers Associates, P.L.L.C., today at 866-781-1607, or complete the contact form provided on this site to schedule your free consultation.
FIRM ADDRESS:
Myers Associates, P.L.L.C.
240 Mechanic Street
Lebanon, NH 03766
Phone: 866-781-1607
HOWARD B. MYERS, Attorney
Education:
- Columbia University School of Law, LLB, 1968
- Dartmouth College, AB, 1965
Bar Admission:
- New Hampshire, 1973
- Vermont, 2000
- District of Columbia, 1969, inactive status
Professional Memberships and Achievements:
- New Hampshire Bar Association
- Vermont Bar Association
- Official Rules The Valley News "We've Got You Covered" Sweepstakes ("Sweepstakes") (Valley News)
No Purchase or Obligation Necessary. Non-Purchase Entries and Purchase Entries have an Equal Chance of Winning. - Once at top, now disgraced (New Hampshire Union Leader)
Thomas J. Tessier, right, a once-prominent, politically connected Manchester lawyer, has been charged with bilking a client of more than $2.3 million and is expected to plead guilty to fraud-related charges early next month in U.S. District Court, federal prosecutors said yesterday. - N.H. scores a ‘D’ in legal rights of abused children (New Hampshire Business Review)
A new study reports that New Hampshire does a less than satisfactory job in protecting the rights of abused and neglected children. - 10-12-09 EUR ALL ON ONE PAGE (Eurweb)
*In the days following Barack Obama's unexpected awarding of the Nobel Peace Prize, reaction has been mixed among the public. - Former Assistant U.S. Attorney Joins Waller Lansden's Trial and Appellate Group (Business Wire via Yahoo! Finance)
BIRMINGHAM, Ala.----Waller Lansden Dortch & Davis, LLP, a full-service law firm with more than 200 attorneys, has added seasoned federal prosecutor William Athanas as Of Counsel to the firm’s Birmingham, Ala. office.
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