What We Do
 


Business Services

Commercial & Business Lawyers

“We provide creative and cost-effective business solutions for our clients’ transactions” 


Our firm's broad business law practice allows us to assemble the right commercial and business law team for any deal, no matter the size, complexity or location. This team approach allows us to effectively counsel our clients to stay competitive in today’s economic climate.

Our real estate team regularly assists clients in all facets of real estate transactions and commercial litigation involving commercial and industrial properties. With our in-depth environmental knowledge, we are uniquely qualified to handle transactions involving any environmental challenge. We provide a wide range of business and commercial law services to meet our clients’ real estate needs, including the acquisition, disposition, development, construction and financing of real properties located throughout the country, conducting due diligence, and real estate litigation.  

We represent both landlords and tenants of single and multi-tenant industrial, office, health care, retail, shopping center and mixed-use properties with a variety of leasing matters. Our experienced real estate team also advises clients on condemnation, zoning and land use, and property tax issues and provides our clients with the expertise to maintain and maximize the value of their properties.

Plews Shadley Racher and Braun’s commercial law and corporate practice is based upon the individual experience of its attorneys, a number of whom have served as in-house counsel for small and larges companies.  We represent both public and privately held companies, as well as investors and boards of directors, on entity formation, corporate governance, mergers and acquisitions, contract and financing issues and private securities offerings.  

We also provide legal counsel to our clients on a broad range of employment law matters, including discrimination claims, compliance with federal and state employment laws (e.g. Title VII, ADA, FMLA, FLSA, WARN Act), covenants not to compete, trade secret violations, wage claims, and personnel policies and procedures.  

We assist clients in a wide array of fields and professions in the petroleum, environmental, manufacturing, healthcare and agricultural industries.  

One unique aspect of our business law practice is that the firm has been involved in the creation, as participants, of more than 19 new business enterprises. This work has given us a unique appreciation of both the problems confronting businesses and the rewards of crafting creative and practical solutions to distinct and difficult corporate challenges.

Significant Cases

Gerrard v. A.J. Gerrard & Co., 285 F.Supp.2d 1331 (S.D. Ga. 2003) (allowing claims that insiders engaged in securities fraud)

Ind. Port Comm'n v. Consolidated Grain & Barge Co., 701 N.E.2d 882 (Ind. Ct. App. 1998) (preliminary injunction regarding use of rail and port facilities)

Examples

Real Estate Acquisition, Disposition and Development

Our business services team regularly assists buyers, sellers, and developers of commercial real estate in a variety of transactions, including the sale and purchase of mixed-use and industrial properties, retail fuel stations and convenience stores, utilities and large confined animal feeding operations (CAFO).  Recently, our business service team successfully assisted a local oil company with its acquisition of 35 new retail fuel locations in central Indiana, a complicated transaction that required our collective expertise in corporate, real estate, environmental and franchise law.  

Commercial Leasing

We have in-depth experience representing both landlords and tenants of single and multi-tenant industrial, office, health care, retail and mixed-use properties in complex lease negotiations, triple net leases, sale leasebacks, lease disputes and other lease related matters.  Recently, our real estate attorneys developed and implemented a uniform leasing procedure for a major lifestyle center in northern Indiana, which includes retail, office, and residential space. 

Environmental Due Diligence

We regularly counsel our clients on environmental due diligence in mergers, acquisitions and real property transactions. For example, we represented a large steel company in several multi-state acquisitions with properties ranging from commercial buildings to active industrial Superfund sites.  In addition to arranging for and reviewing environmental site assessments in conforming to the All Appropriate Inquiries (AAI) rule to afford our clients the “innocent landowner” and “bona fide prospective purchaser” (BFPP) defenses under CERCLA, we review environmental permits and plans to verify they meet our clients' needs, arrange for transfer of permits, evaluate compliance histories, and help our clients allocate risk for environmental conditions.

Zoning and Land Use

Our firm has counseled numerous clients on zoning and land use issues, often involving complex environmental issues.  For example, we have represented numerous solid waste companies in zoning matters related to the locations of landfills.  In addition, we have also assisted clients in obtaining variances and rezoning of commercial and industrial properties and obtaining other regulatory approvals required before state and local governmental authorities. 

Real Estate Finance

We represent both lenders and borrowers in obtaining or securing financing for real estate and other business transactions.  We also regularly render opinions for the lenders and borrowers in connection with a client’s financing.  Recently, we served as Indiana counsel for a major utility in rendering a legal opinion for the financing of its Indiana power plant.  We also served as Indiana counsel for one of the nation’s largest banks in securing collateral for a number of commercial storage units in Indiana.  Because of our unique environmental expertise, we are well equipped to guide both borrowers and lenders through the complicated issues that arise when dealing with the financing of environmentally impacted properties.   

Brownfield Redevelopment

Our unique team of attorneys can assist clients of distressed properties.  For example, we have represented clients with major Brownfield redevelopment projects, including the Cities of South Bend, Mishawaka and Anderson, as well as numerous smaller private Brownfield redevelopment projects.  These projects have involved federal and state grants for investigation, remediation, demolition and other activities, cost recovery against current and past owners and operators, insurance coverage for investigation and cleanup costs, and compliance with release reporting, waste handling and disposal requirements.

Real Property Taxes

Our team is committed to helping our clients maximize the full economic value of their investment.  We regularly work with clients to seek reassessments for real estate and to obtain property tax abatements often arising from environmental impacts on the real property or associated with Brownfield redevelopment efforts.  We are knowledgeable about the nuances of the Indiana property tax system and recently assisted numerous clients in appealing property tax assessments that were as much as 300% of the previous assessed value for commercial properties located throughout the state.

Entity Formation, Conversion and Dissolution

Our commercial law attorneys help new businesses select and form the entity that is appropriate for their ventures.  We also assist existing clients with mergers, acquisitions, wind-ups and entity conversion.  Recent work includes the formation and later sale of what became one of the most successful writers of medical stop-loss insurance for small groups in the country.  In addition, we have assisted in forming multi-state health care companies, environmental firms and other public and privately held companies.   

Corporate Governance and Counseling

Plews Shadley Racher and Braun’s corporate practice is based upon the individual experience of its attorneys, a number of whom have served as in-house counsel for small and large companies.  We represent companies, as well as investors and boards of directors, on entity formation, corporate governance, mergers and acquisitions, contract and financing issues and private securities offerings.  We also provide legal counsel to our clients on a broad range of employment law matters, including discrimination claims, compliance with federal and state employment laws (e.g. Title VII, ADA, FMLA, FLSA, WARN Act), covenants not to compete, trade secret violations, wage claims, and personnel policies and procedures.  We assist clients in a wide array of fields and professions in the petroleum, environmental, manufacturing, healthcare and agricultural industries.  One unique aspect of our corporate practice is that the firm has been involved in the creation, as participants, of over nineteen new business enterprises.  This work has given us a unique appreciation of both the problems confronting businesses and the rewards of crafting creative and practical solutions to distinct and difficult corporate challenges.

Employment Law 

Our employment lawyers are available to counsel and assist companies and individuals on a broad range of employment law matters, including discrimination claims, compliance with federal and state employment laws (e.g. Title VII, ADA, FMLA, FLSA, WARN Act), covenants not to compete, trade secret violations, wage claims, and personnel policies and procedures and related litigation.  We also routinely draft and negotiate various documents relevant to the employer/employee relationship, including employment and severance agreements.  Recently, our employment lawyers assisted an institutional client plan and implement a difficult, but necessary, reduction-in-force.

Client Alerts

February 15, 2017   Twenty PSRB Attorneys Selected for Inclusion on the 2017 Indiana Super Lawyers and Rising Stars Lists
By Plews Shadley Racher & Braun LLP
 
November 23, 2016   Major Development: New Overtime Rule Temporarily Halted
By Plews Shadley Racher & Braun LLP
 
November 18, 2016   Fernando Diaz Joins PSRB as an Associate Attorney
By Plews Shadley Racher & Braun LLP
 
September 16, 2016   Theresa Willard and Shelley Jackson to Present at the National Association of Regional Councils' 2016 Executive Director Annual Conference
By Plews Shadley Racher & Braun LLP
 
December 8, 2015   Ali Sylvia Receives IndyCREW's Donna M. Hovey Award
By Plews Shadley Racher & Braun LLP
 

Significant Cases

Gerrard v. A.J. Gerrard & Co., 285 F.Supp.2d 1331 (S.D. Ga. 2003) (allowing claims that insiders engaged in securities fraud)

Ind. Port Comm'n v. Consolidated Grain & Barge Co., 701 N.E.2d 882 (Ind. Ct. App. 1998) (preliminary injunction regarding use of rail and port facilities)

Examples

Real Estate Acquisition, Disposition and Development

Our business services team regularly assists buyers, sellers, and developers of commercial real estate in a variety of transactions, including the sale and purchase of mixed-use and industrial properties, retail fuel stations and convenience stores, utilities and large confined animal feeding operations (CAFO).  Recently, our business service team successfully assisted a local oil company with its acquisition of 35 new retail fuel locations in central Indiana, a complicated transaction that required our collective expertise in corporate, real estate, environmental and franchise law.  

Commercial Leasing

We have in-depth experience representing both landlords and tenants of single and multi-tenant industrial, office, health care, retail and mixed-use properties in complex lease negotiations, triple net leases, sale leasebacks, lease disputes and other lease related matters.  Recently, our real estate attorneys developed and implemented a uniform leasing procedure for a major lifestyle center in northern Indiana, which includes retail, office, and residential space. 

Environmental Due Diligence

We regularly counsel our clients on environmental due diligence in mergers, acquisitions and real property transactions. For example, we represented a large steel company in several multi-state acquisitions with properties ranging from commercial buildings to active industrial Superfund sites.  In addition to arranging for and reviewing environmental site assessments in conforming to the All Appropriate Inquiries (AAI) rule to afford our clients the “innocent landowner” and “bona fide prospective purchaser” (BFPP) defenses under CERCLA, we review environmental permits and plans to verify they meet our clients' needs, arrange for transfer of permits, evaluate compliance histories, and help our clients allocate risk for environmental conditions.

Zoning and Land Use

Our firm has counseled numerous clients on zoning and land use issues, often involving complex environmental issues.  For example, we have represented numerous solid waste companies in zoning matters related to the locations of landfills.  In addition, we have also assisted clients in obtaining variances and rezoning of commercial and industrial properties and obtaining other regulatory approvals required before state and local governmental authorities. 

Real Estate Finance

We represent both lenders and borrowers in obtaining or securing financing for real estate and other business transactions.  We also regularly render opinions for the lenders and borrowers in connection with a client’s financing.  Recently, we served as Indiana counsel for a major utility in rendering a legal opinion for the financing of its Indiana power plant.  We also served as Indiana counsel for one of the nation’s largest banks in securing collateral for a number of commercial storage units in Indiana.  Because of our unique environmental expertise, we are well equipped to guide both borrowers and lenders through the complicated issues that arise when dealing with the financing of environmentally impacted properties.   

Brownfield Redevelopment

Our unique team of attorneys can assist clients of distressed properties.  For example, we have represented clients with major Brownfield redevelopment projects, including the Cities of South Bend, Mishawaka and Anderson, as well as numerous smaller private Brownfield redevelopment projects.  These projects have involved federal and state grants for investigation, remediation, demolition and other activities, cost recovery against current and past owners and operators, insurance coverage for investigation and cleanup costs, and compliance with release reporting, waste handling and disposal requirements.

Real Property Taxes

Our team is committed to helping our clients maximize the full economic value of their investment.  We regularly work with clients to seek reassessments for real estate and to obtain property tax abatements often arising from environmental impacts on the real property or associated with Brownfield redevelopment efforts.  We are knowledgeable about the nuances of the Indiana property tax system and recently assisted numerous clients in appealing property tax assessments that were as much as 300% of the previous assessed value for commercial properties located throughout the state.

Entity Formation, Conversion and Dissolution

Our commercial law attorneys help new businesses select and form the entity that is appropriate for their ventures.  We also assist existing clients with mergers, acquisitions, wind-ups and entity conversion.  Recent work includes the formation and later sale of what became one of the most successful writers of medical stop-loss insurance for small groups in the country.  In addition, we have assisted in forming multi-state health care companies, environmental firms and other public and privately held companies.   

Corporate Governance and Counseling

Plews Shadley Racher and Braun’s corporate practice is based upon the individual experience of its attorneys, a number of whom have served as in-house counsel for small and large companies.  We represent companies, as well as investors and boards of directors, on entity formation, corporate governance, mergers and acquisitions, contract and financing issues and private securities offerings.  We also provide legal counsel to our clients on a broad range of employment law matters, including discrimination claims, compliance with federal and state employment laws (e.g. Title VII, ADA, FMLA, FLSA, WARN Act), covenants not to compete, trade secret violations, wage claims, and personnel policies and procedures.  We assist clients in a wide array of fields and professions in the petroleum, environmental, manufacturing, healthcare and agricultural industries.  One unique aspect of our corporate practice is that the firm has been involved in the creation, as participants, of over nineteen new business enterprises.  This work has given us a unique appreciation of both the problems confronting businesses and the rewards of crafting creative and practical solutions to distinct and difficult corporate challenges.

Employment Law 

Our employment lawyers are available to counsel and assist companies and individuals on a broad range of employment law matters, including discrimination claims, compliance with federal and state employment laws (e.g. Title VII, ADA, FMLA, FLSA, WARN Act), covenants not to compete, trade secret violations, wage claims, and personnel policies and procedures and related litigation.  We also routinely draft and negotiate various documents relevant to the employer/employee relationship, including employment and severance agreements.  Recently, our employment lawyers assisted an institutional client plan and implement a difficult, but necessary, reduction-in-force.


Client Alerts

February 15, 2017   Twenty PSRB Attorneys Selected for Inclusion on the 2017 Indiana Super Lawyers and Rising Stars Lists
By Plews Shadley Racher & Braun LLP
 
November 23, 2016   Major Development: New Overtime Rule Temporarily Halted
By Plews Shadley Racher & Braun LLP
 
November 18, 2016   Fernando Diaz Joins PSRB as an Associate Attorney
By Plews Shadley Racher & Braun LLP
 
September 16, 2016   Theresa Willard and Shelley Jackson to Present at the National Association of Regional Councils' 2016 Executive Director Annual Conference
By Plews Shadley Racher & Braun LLP
 
December 8, 2015   Ali Sylvia Receives IndyCREW's Donna M. Hovey Award
By Plews Shadley Racher & Braun LLP
 
 
PH 317.637.0700        FX 317.637.0710
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