BUSINESS AND LAW LITIGATION

• Selection and formation of appropriate business entities for business ventures, large and small;
• Reviewing, negotiating and drafting contracts and leases;
• Negotiation, drafting and closing numerous large business acquisitions and sales, including multi-state transactions, as well as the purchase or sale of professional practices and business franchises;
• Banking and finance transactions;
• Statutory and regulatory compliance;
• Drafting non-disclosure and confidentiality agreements to protect trade secrets and proprietary information;
• Enforcing non-compete and confidentiality agreements;
• Negotiating and drafting deferred compensation or executive severance agreements;
• Representing colleges and non-profits in obtaining bond issue financing;
• Advising of possible accountant and auditor negligence;
• Advising boards of directors, director and officer defense, and D&O insurance coverage litigation;
• Advising and representing entities or directors and officers in bankruptcy and debtor/creditor proceedings; and
• Meeting the ongoing legal needs of automobile dealerships, from advertising compliance and consumer claims to buy-sells, floor-plan financing, real estate transactions, regulatory issues, insurance coverage, and franchise relationships. Mr. Hurt has negotiated, drafted and closed numerous asset purchase and stock purchase transactions for automobile dealerships, other retail and wholesale businesses and professional practices.

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BUSINESS DISPUTES

As an experienced trial and business attorney, our firm is uniquely positioned to handle complex business disputes. We are prepared to aggressively litigate in our clients’ best interests, or avert litigation with skillful negotiation when that is the best course of action. Our experience representing clients in business disputes is vast, and includes:

• Malpractice defense for professionals such as lawyers, accountants, architects and engineers;
• Representation of employers in fidelity bond claims and claims against banks or auditors arising from employee embezzlement;
• Director and Officer liability cases, along with other matters applying agency law and fiduciary duty principles;
• Representation of businesses in banking and finance transactions, including secured transactions dealing with Article 9 of the Uniform Commercial Code;
• Intellectual property disputes, including infringement litigation involving trademarks, trade secrets, copyright, licensing and distribution;
• Export and customs, government contracts, antitrust, and other trade regulation matters;
• Various types of construction (residential, commercial and highway) litigation concerning bid documents, construction contracts, zoning, land use, real estate sales contracts, homebuilder defects and building code violations;
• Defense of companies in, and successfully defeated efforts to certify, class actions;
• Defense of accounting firms in professional liability actions concerning audits, tax preparation and other accounting services;
• Enforcement or defense of non-compete agreements; and
• Defense of shareholder actions and class actions against companies.

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EMPLOYMENT LAW

The firm has successfully represented and counseled some of the largest employers in the region, including businesses, corporations, school boards, colleges and universities, state agencies, cities, counties and other public entities, in all facets of management-side employment law. His approach is two-pronged: protect and prevent. Harold Hurt’s experience provides expertise to protect employers in litigation, defending employers in court against allegations of retaliation, discrimination, harassment, wrongful termination, among other claims. He also counsels clients with day-to-day and long-term advice aimed to prevent problems before they happen. He is able to provide customized advice on matters such as hiring and termination practices, employee disciplinary actions, wage and hour issues, sexual harassment training, and discrimination prevention training. Harold Hurt has the ability to draft employment contracts, personnel policies and non-compete and confidentiality agreements and to assist employers by acting as special investigators when circumstances require that an investigation of student or employee misconduct at any level be handled by an outside party.

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WILLS TRUSTS ESTATES

• From simple wills to estate plans with trusts, our attorneys represent clients in all areas of estate planning and trust or probate administration. Our services include providing estate planning advice and preparing wills and trusts (both inter vivos and testamentary), as well as guidance and drafting of Medicaid qualifying special needs trusts and third party trusts, charitable giving and closely-held business succession planning. Also well-versed in drafting powers of attorney, advance directives (living wills), and charitable remainder trusts, annuity trusts, and irrevocable life insurance trusts. Our firm serves as counsel to fiduciaries or beneficiaries in the administration of trusts, estates and guardianships. The firm has been instrumental in assisting clients with several large trusts. When necessary, we represent individuals, charities, or universities in will contests. We have been counsel to fiduciaries and to beneficiaries in a variety of trust surcharge actions and actions to modify or terminate trusts. Our experience has led to a thorough understanding of fiduciary duties and what is realistic to expect from trust administration, and suitable investments.
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NONPROFIT AND RELIGION ORGANIZATIONS

As President of a local nonprofit organization, Harold Hurt has significant experience in representing charitable and civic organizations, foundations, religious organizations and other tax exempt organizations. He can guide these groups through formation and dissolution, organizational policies and procedures, board governance issues, applications for tax exempt status, and compliance with applicable federal, state and local laws and regulations. He is also experienced in drafting bylaws and operational policies for nonprofit and religiously affiliated organizations to protect their constitutional rights of association and free exercise.

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REAL ESTATE

Harold Hurt can assist you with the purchase and sale of any type of residential or commercial real estate with a complete range legal services designed to help you achieve your real estate objective, including Deeds and Property Searches.

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