Practice Areas
Historically, the practice grew on its expertise of tax controversy and business litigation. Over the years, the Law Offices of L.W. Cooper Jr. has expanded to offer more in-depth business and individual legal services. Today, our practice areas include business formation and restructuring, business and general litigation, commercial and residential real estate, executive compensation agreements, tax controversy, tax litigation, and tax transactions/compliance. We are still a small business located in the heart of downtown Charleston with connections across the low country. Contact us today to see how we can best serve your legal needs.
Business & General Litigation
Regardless of company size or an individual’s status, litigation is a high stakes process, and we are here to help every step of the way. Our office is committed to addressing client goals during litigation effectively and efficiently. We have experience litigating business, contractual, and accounting issues in state and federal courts for individuals, large corporate companies, and small corporate companies. We also offer local counsel services for attorneys seeking quality representation in the state of South Carolina.
Business Formations and Restructurings
Forming or restructuring a business is a process that requires attention to detail. Ensuring that documents are drafted correctly helps reduce liabilities and overall is in the best interest of the company. Our office is equipped to draft all necessary legal documentation to assist with business formation and restructuring. Documentation may include operating agreements, asset or stock purchase agreements, and employment contracts. We also assist with federal, state, and local filings.
Commercial & Residential Real Estate
Our Office has represented both corporate and individual buyers, sellers, landlords, tenants, investors, and property owners with their real estate transactions or real estate litigation needs. From the initial consultation with the client to post-closing, our firm ensures that the client is informed during each step of the process. We thoroughly explain the purpose, importance, and result of each document required throughout the transaction and actively work to ensure our client’s interests are represented. Within this practice area, we provide the following services:
- Residential and Commercial Closings
- Section 1031 Exchange Transactions
- Title Searches and Opinions
- Asset & Business Sales or Transfers
- Contract Review and Drafting
- Quiet Title Actions
Executive Compensation Agreements
Our Office assists clients in designing, documenting, and administering their executive compensation arrangements. Chief among these are nonqualified deferred compensation (like SERPs and retention plans), split-dollar life insurance, other welfare benefit plans (like long-term disability plans), severance arrangements, and employment agreements. Our clients are primarily tax-exempt organizations ranging from $12 million community credit unions and stand-alone hospitals to complex multi-billion-dollar credit unions and multi-facility, integrated healthcare systems.
At The Law Offices of L.W. Cooper Jr we:
- Strive for designs that support the employer’s strategic objectives and comply with applicable tax and regulatory requirements.
- Endeavor to draft documents that are clear and concise.
- Assist Boards with meeting their fiduciary oversight responsibilities.
- Monitor legal developments
For credit union clients, we work well with NCUA and state regulators who need to approve arrangements before they are installed or question them on exam.
Tax Controversy
We represent clients who have tax disputes with the Internal Revenue Service (“IRS”) or state taxing authorities. Resolving tax disputes at an administrative level is typically the most economic and efficient solution to tax disputes. Whether a federal or state tax issue, we provide representation at all levels of the administrative process, including:
- Audits
- Appeals
- Penalty Abatement Requests
- Collections
Tax Litigation
While we strive to resolve tax disputes at the administrative level, occasionally these disputes require litigation with the IRS or the state taxing authority. In these instances, our experience extends to:
- Economic Substance
- FLP Valuations
- Responsible Officer Liability
- Penalty Abatements
- Wrongful Disclosure
- Tax Shelter Issues
Tax Transactions & Compliance
We assist clients with ongoing and comprehensive tax planning to avoid unnecessary tax controversy and tax liability in the future. For transactions, our attorneys take a two-step approach: First, we ensure that the transaction complies with the technicalities of federal, state, and local tax laws. Second, we ensure that the transaction withstands scrutiny from a litigation perspective.
Beyond structuring a transaction, we provide advice and guidance to clients with respect to reporting and disclosure requirements that are associated with certain transactions to ensure our clients are acting with complete compliance to tax laws.