Brian A. Lynch

Overview

Brian enjoys assisting entrepreneurs and business owners grow their vision from the ground up. He provides legal guidance on entity formation, corporate governance, contract drafting and negotiations, business sales and acquisitions, commercial real estate transactions and leases, and general commercial transactions.

Brian has advised corporations, limited liability companies and non-profit organizations working on ventures in a wide range of industries, including but not limited to, professional services, food services, construction, real estate development, digital marketing and new media, data and technology, and fantasy sports and sports gaming.

Experience

Entity Formation, Acquisition and Exit

• Represented a client in the contentious buyout of a $400 million commercial real estate portfolio.
• Advised a client in the sale of a $7 million business involving complex multiple tier ownership structure.
• Guided a client in the $3.4 million buyout of the client’s interest in a family business.
• Structured a non-profit organization for a local municipal policemen’s relief association to allow it to raise more money to aid its members and their families in times of need.

Commercial Real Estate

• Advised a client in the $28 million acquisition of two hotels in greater Boston involving multiple 1031 exchange parties.
• Negotiated a commercial restaurant lease in a large-scale, high-profile redevelopment project in Cambridge.
• Retitled a rental property to shield a client’s personal liability.

Contract Drafting

• Routinely draft and negotiate Operating Agreements, Shareholder Agreements, Buy-Sell Agreements, Non-Disclosure Agreements, Non-Compete Agreements, Asset Purchase Agreements, Purchase and Sale Agreements, Master Service Agreements, and Consulting Agreements.
• Draft financing and security documents for seller financed business sales.
• Drafted suite of consulting agreements for a client starting a new consulting agency.

Dispute Resolution

• • Negotiated a favorable severance package for a client terminated by an international defense contractor.
  • Guided a client through the termination of an Asset Purchase Agreement, retaining the client’s entire earnest money deposit.
  • Represented a limited liability company in the contentious business separation of a financial planning firm.

Publications & Events

• New Disclosure Rules Under the Corporate Transparency Act
• New FTC Regulation Bans Non-Compete Agreements
• Qualifying as a Certified Diverse Business
• Missteps to Avoid When Retitling Investment Property
• Incentivizing Key Employees with Phantom Stock
• The Three Ds of Buy-Sell Agreements