Business & Corporate Law

As pioneers in Arizona law, Burch & Cracchiolo attorneys are honored to offer our services to the pioneers of Arizona businesses. For decades, we have provided counsel to leaders in commerce as they navigate through complex transactions with germane, comprehensive guidance on virtually every legal matter they may face. Several of our attorneys have owned and operated their own businesses outside of the law, making them uniquely suited to counsel business owners with a balanced mix of legal skill, business acumen and entrepreneurial savvy.

Burch & Cracchiolo offers business and corporate law services in a variety of areas, from forming and maintaining a business entity, to overseeing the legal aspects of business transactions, to effective representation if a matter reaches litigation. In addition, our attorneys and other professionals represent clients before a wide array of government agencies at all levels.

Throughout the firm’s history, Burch & Cracchiolo has helped emerging and established businesses grow and prosper. The firm provides exceptional services for each client by employing excellent legal skills to achieve effective solutions for a variety of business entities, including corporations, limited liability companies, limited and general partnerships and non-profit organizations.

As a leading provider of legal services to businesses and nonprofit organizations, our firm recognizes the importance of understanding our clients’ businesses and providing comprehensive counsel with the perspective to identify and overcome obstacles. We offer our clients a unique approach to meeting business and legal challenges. In addition to our lawyers in Arizona, California and Nevada, Burch & Cracchiolo is a member of International Society of Primerus Law Firms, Ltd. (“Primerus”), a global organization of independent boutique law firms with 170 member firms in 120 cities, providing our clients with experienced lawyers throughout the United States and around the world.

For ongoing businesses, the firm performs a variety of legal services, including the negotiation and preparation of contracts, employment agreements, operating agreement, deferred compensation agreements, buy-sell agreements, leases, licensing agreement, other commercial agreements, providing tax planning services and representation in mergers and acquisitions.

Administrative Law

Administrative law necessitates that the firm you choose be extremely knowledgeable regarding the governmental decision-making process. Burch & Cracchiolo attorneys are particularly well suited to perform this work. Historically, our firm has handled a broad range of matters at the local, county, state and federal levels.

We are skilled in representing clients in a variety of administrative proceedings before various state boards and agencies. These agencies include the Arizona Corporation Commission, the Arizona Registrar of Contractors, the Arizona Department of Environmental Quality, the Arizona Department of Health Services, the Arizona Board of Medical Examiners, the State Bar of Arizona, the Arizona Racing Commission, the Arizona Department of Liquor Licenses and Control, the Arizona Department of Transportation, the State Land Department, the Arizona Department of Insurance, the Arizona Department of Water Resources and the Arizona Department of Revenue.

In addition to this work, attorneys at Burch & Cracchiolo have an extensive collection of knowledge in assisting clients in processing administrative applications and requests such as liquor licenses, contractors’ licenses, environmental permits, and land use/right-of-way matters. The firm also has experience in gaming law and represents Tribes in five western states, gaming vendors, and the State of Arizona with respect to Tribal gaming.

At the county and city level, attorneys at Burch & Cracchiolo are accomplished in representing clients in connection with matters involving approvals required for real property development efforts and commercial business operations. Finally, attorneys at Burch & Cracchiolo often deal with matters such as appealing real property tax assessments and seeking development entitlements.

Commercial Finance

We have the capabilities to provide full transaction and litigation services for loan processing and underwriting firms, banks, mortgage brokers, lenders, and other financial institutions. Our experience includes the acquisition and development loans, loan agreements/lending agreements, loan workouts, security agreements, project financing, letters of credit, construction loans, venture capital, mezzanine financing, bridge loans, bonds and cooperatives.

Our commercial finance team includes Amy Howland, formerly Assistant General Counsel for Citibank Arizona, who has extensive experience in all areas of commercial finance and an insiders’ understanding from the lenders’ prospective.

Corporate Finance

Emerging Companies and Entity Formation

The firm regularly advises start-up business entities. Representation of these clients often includes documenting the formation of corporations, partnerships and limited liability companies, structuring of debt and equity financing transactions, negotiating employment agreements, instituting executive and employee compensation programs, and negotiating and documenting ownership and voting agreements.

As our clients grow, our counsel and services expand accordingly. For over 40 years, Burch & Cracchiolo has assisted some of Arizona’s most innovative companies grow from start-up entities to industry leaders. We bring a full array of legal services to emerging companies, including employment, finance, taxation and real estate.

Indian Tribal Government Relations

Trust and long-standing relationships with the state and sovereign nations have been the driving force behind our Tribal government relations practice. Our firm collectively brings expertise in government relations and ancillary areas, which enable us to provide extremely seasoned attorneys to help our clients.

Gaming law is a particular area of focus of our Tribal government relations attorneys. Burch & Cracchiolo represents the State of Arizona and has represented gaming vendors and Tribal governments in five Western States as well as Tribal gaming offices. We have extensive experience in Indian gaming and gaming regulation, and have played an integral part in negotiating tribal-state gaming compacts and intergovernmental agreements. The firm has also drafted and applied gaming regulations and ordinances, and assisted gaming regulators. Several of our attorneys are admitted to practice before Tribal courts and are members of Tribal bar organizations.

Burch & Cracchiolo has represented Tribes in litigation on a wide range of subjects, including gaming, sovereignty issues, and compact legislation and proposition challenges. With respect to the internal workings of Tribal governments, the firm has assisted Tribes in forming and applying internal policies and procedures, addressing employment issues and drafting ordinances. Burch & Cracchiolo’s attorneys collectively provide a great deal of expertise in government relations and ancillary areas. This enables the firm to provide extremely seasoned attorneys who can help a client directly or through its existing counsel.

Labor and Employment

Mergers and Acquisitions

In the increasingly mobile and global world of business, acquisitions and combinations are a critical part of the long-term success strategies for many of our clients. Our business attorneys are versed in providing strategic, innovative legal and business services for complicated corporate transactions. Our team is led by experienced attorneys who have been involved in all aspects of business, as CPAs and business owners in addition to their legal careers. This diverse background and experience allows us to understand and appreciate business goals as we help guide our clients through the art of effective deal-making.

We provide the full range of services necessary to close deals, including government and regulatory agency compliance, due diligence review, drafting and negotiation of various acquisition and related agreements, Hart-Scott-Rodino Act filings, preparing prospectuses and offering memoranda for private offerings, stock option and severance plans and confidentiality agreements. While we do not handle public offerings, we often assist our clients as they work toward public status to select, inform and assist IPO counsel.

Regulatory Licensing, Liquor Licenses and Compliance

Burch & Cracchiolo has an extensive liquor law practice representing individual and corporate clients, including liquor retailers such as grocery, drug and convenience stores, restaurants and bars, in acquiring liquor licenses and complying with liquor license laws. We provide written legal advice, opinion letters or general guidance related to Arizona liquor laws as well as representation in the liquor application process before tribal, state, county and city governments. Clare Abel heads the team of firm attorneys who have successfully acquired hundreds of liquor licenses and, when necessary, fought to retain those licenses when clients have been threatened with suspension or revocation.

Succession Planning

Burch & Cracchiolo serves many family-owned businesses and entrepreneurs. Throughout the years, we have not only helped these clients build strong businesses, we have also counseled them on the importance of providing for their futures. Often, business owners are so consumed with the day-to-day decision making and long-term strategies of growing a business that they neglect planning for unexpected events, such as an unsolicited offer to purchase the business, the death of a key executive or the illness or incapacitation of an owner. At Burch & Cracchiolo, we believe it is our job to ensure that our clients anticipate these events and prepare a strategy that can be implemented in a manner that protects the interests and intentions of the owners and their families.

In succession planning, we bring together the legal team, including business lawyers and estate planning attorneys, with other critical advisors — bankers, CPAs, investment advisors — to create a plan that is led by the clients’ needs and desires and understood by all. We advise on issues including business continuity, key man protection and taxation while providing the documentation necessary to ensure that our clients’ desires can be carried out effectively and efficiently. We establish regular review periods with our clients to ensure that the plans and documents are adapted to the changes our clients’ companies experience as well as the changes in family circumstances.

Contract Disputes