Business &

Contract Law

Securities Law

The attorneys that practice in our law firm's securities law practice group advise clients on securities issues and assist with preparing private placement memoranda and related private offering materials. Our law firm’s approach is to thoroughly understand a client's business and future objectives so that our securities lawyers can better advise each client as well as to help ensure that any disclosure documents are accurate and complete.

At our law firm the securities attorneys understand that there is a difference between simply assisting a client with drafting offering and disclosure documents and helping to guide the business owners and other key individuals to opportunities and relationships that can help them to achieve their goals; thus our attorneys are able to leverage their knowledge and contacts to identify people and businesses that can help clients to grow their businesses and expand their interests.

Although the principal focus of private offerings of securities is often compliance with, or meeting requirement for exemptions from, federal and state securities laws, securities laws are applicable in many other business transactions as well, including mergers and acquisitions and the formation of new ventures, including but not limited to corporations (S and C varieties), limited liability companies, limited and general partnerships, and joint ventures.

Private Offerings. Some of our clients are active issuers of securities in private transactions which are commonly known as Regulation D 504, 505, or 506 offerings, or Regulation S offerings. Relating to these services, our attorneys also render advice regarding exemptions from federal and state securities registration laws and related regulatory matters. As is the case with public offerings, we also represent issuers, placement agents and investors in private (exempt) transactions.

Transactions. The lawyers in our law firm's securities law practice group also perform a wide range of complex corporate transactions including mergers and acquisitions. As you would suspect, these lawyers apply their knowledge of securities laws and financing trends to assist clients in consummating these often difficult transactions in an innovative, cost-effective, and timely manner.

Business Entity Formation

Our law firm provides counsel with respect to all aspects of establishing, organizing capitalizing and maintaining business entities, including: (i) corporations; (ii) limited liability companies; (iii) limited and general partnerships; and joint ventures. The lawyers and staff that assist clients with entity formation can also assist with drafting and negotiating the agreements and instruments necessary to conduct your business successfully, such as:

  • Stockholder agreements,

  • Partnership agreements,

  • Joint venture agreements,

  • Operating agreements,

  • Commercial sales and services agreements, and

  • Employment contracts.


The attorneys at our firm are also able to guide a new or established business in all aspects of finance, business combinations and other capital transactions, including:


  • Debt and equity financing,

  • mergers and acquisitions, and

  • stock and asset sales.



The attorneys at our law firm are proud to have represented a variety of traditional and nontraditional lenders, including banks, finance companies, private investment funds, and other entities, as well as developers and other borrowers, related to the financing of real property, business acquisitions or dispositions, receivables, and other assets. The capabilities of our finance lawyers are all-encompassing and include the initial structuring and closing of finance transactions, loan administration, workouts, and loan restructures.

Our finance attorneys regularly handle the following types of matters:


  • Both standard and exceedingly complex financing transactions, including acquisition, development, construction, bridge and permanent loan transactions,

  • Mezzanine loans,

  • Multistate/multiparcel cross-collateral transactions,

  • Revolving lines of credit,

  • Loans secured by ground leases,

  • Loans secured by fractional ownership interest receivables,

  • Loans secured by crops and other farm products, and

  • The issuance of letters of credit.


Often there are multiple lenders involved in a financing transaction, and, as a result, we also draft and negotiate a variety of intercreditor, participation, or loan syndication agreements.

Franchise Law

In franchising, licensing, and distribution, our law firm has had the opportunity to work with many prestigious franchisors, as well as many start-ups and midscale franchisors. Our franchise attorneys have been called on to assist with:

Legal Services for Franchisors:

The franchise attorneys at Shumway Van represent both franchisors and franchisees. On behalf of our franchisor clients, our law firm provides annual regulatory compliance services like Franchise Disclosure Document maintenance and exemption guidance, and ongoing business and strategic advice regarding how the franchise system is structured or should be restructured, loyalty programs, and how and when to use major or minor promotions. Our franchise lawyers have expertise in sales and renewal issues, handling disputes over franchise rights and obligations, defaults, terminations, and bankruptcy filings. For many of our franchisor clients we act as outside general counsel, providing advice regarding every aspect of their business from their intellectual property assets to their real estate and tax concerns.

The following are a few of legal services that our law firm can provide to franchisors:

  • Review, analyze, and modify existing franchise documents;

  • Update disclosure documents to comply with Federal Trade Commission (FTC) Rules and individual state registration requirements;

  • Register Franchise Disclosure Documents in all franchise registration states;

  • Assure legal compliance in staff training and operations;

  • Assure legal compliance of marketing strategies;

  • Assist in merger, acquisition, and financing transactions;

  • Coordinate and/or act as lead counsel in franchise litigation and dispute resolution matters;

  • Review trademarks, service marks, and other intellectual property;

  • Implement master franchising, area developer, and area representative arrangements; and 

  • Review and negotiate franchise and business opportunities.

Legal Services for Franchisees:

Our attorneys also provide legal counsel to franchisees in connection with the acquisition of a franchise, sale of their franchise, and/or the operations associated with their franchise. Our franchise lawyers regularly assist franchisee clients with the following: 

  • Becoming a franchisee and evaluating a franchise opportunity;

  • Structuring a new franchise, including partnership, shareholder, and operating agreements;

  • Reviewing disclosure documents;

  • Review and/or draft leases, confidentiality agreements, construction agreements and other ancillary agreements;

  • Renewing existing franchise agreements;

  • Structuring and negotiating franchise sales and transfers;

  • Pursuing contract enforcement and termination issues;

  • Preparing franchise system exit strategies; and

  • Setting up franchisee associations.

Litigation Services:

In addition to transactional services associated with franchises, the following are types of litigation issues that our law firm is able to assist with:

  • General Antitrust violations;

  • Price-Fixing claims;

  • Wrongful franchise terminations;

  • Franchise Encroachment claims;

  • Franchise Territorial violations;

  • Franchise Dual Distribution competition;

  • Franchise Menu Pricing disputes;

  • Unfair Franchisor competition;

  • Trademark violations;

  • Post-term covenant not to compete restrictions;

  • Wrongful franchise default cases;

  • Franchise Supplier overcharging claims;

  • Franchisor tying arrangements;

  • Franchisor fraud and misrepresentation claims; and

  • Franchise Disclosure Document Defects.

Related Situations:

Our attorneys are also able to assist businesses that do not want to franchise, but may inadvertently have become an “accidental franchise”. This sort of situation can be precarious and must be navigated cautiously, so if you are concerned that your business may have become an “accidental franchise” please feel free to call our law firm for a free consultation.


Business &

Civil Litigation

Civil Litigation

Our law firm provides aggressive and innovative representation in civil litigation matters throughout the United States. Our litigation practices are designed to fit the needs of our clients and the changing nature of law, and doing so in the most efficient way possible. The last century has seen an explosion of civil litigation bringing with it new causes of action and theories of liability and because this is the case, our law firm makes it a priority to stay in touch with the changing economy by listening to the needs of our clients and by monitoring case law and industry trends.

Our law firm's civil litigation practice includes: products liability, construction liability, premises liability, vehicular accidents, and fire liability. Due to the breadth of our civil litigation practice, our lawyers are experienced in general and specialized tort litigation, including negligence, intentional torts and statutory causes of action.

Based upon our litigation experience, the lawyers at our law firm have the ability to accurately evaluate the value and strength of each case. Our lawyers make it a practice of assimilating the facts of a case, a client's goals, and the status of the law, to develop a litigation plan of action that is aggressive, realistic, and cost-effective, which can result in great results for a client.

Commercial Litigation

The Firm’s litigators know that good results in litigation are the product of hard work and skill. We know how to effectively prepare for trial and try cases. From the earliest stages of litigation, we analyze the strengths and weaknesses of the case and marshal the evidence necessary to promote our client’s position. Our seasoned trial lawyers know from experience how to efficiently navigate the litigation process, how to favorably position a case, and how to persuasively present that case at trial.

The fact is that an overwhelming percentage of lawsuits settle at some point. Good settlements are negotiated from a position of strength. That strength comes in part from a demonstrated willingness and ability to vigorously advocate a client’s position successfully through trial, if necessary, and to perform at the highest levels of the profession.

We seek to understand our clients’ legal and business objectives and to map out a strategy to satisfy both those objectives. In this respect, we give our clients a prompt, honest, and practical evaluation of their legal position. Our litigators work closely with our transactional attorneys and draw upon their substantive expertise to better serve our clients. Our success is derived from performing high-quality legal work at a reasonable price while providing superior service.


Technology Law

When intellectual property is the primary asset for your business you need technology attorneys who understand how to blend legal and business strategies so that your best interests are always served and your business prospers. Unfortunately, almost all successful technology or IP-related companies also need attorneys who are able to successfully prosecute claims through litigation and other means when intellectual property assets are being challenged.

At the law firm of Shumway Van we represent technology companies and other owners of intellectual property at every stage of business from start-up through seed, angel, and venture capital financings to initial public offering. As an owner of intellectual property you represent one of the fastest-growing sectors of a world economy. As lawyers who represent businesses and the business interests of individuals, we understand your unique needs and objectives related to intellectual property and business strategy generally.

Founders, inventors, investors, and management teams choose our law firm because of our knowledge of the venture capital and finance markets, the passion our IP lawyers have for the technology sector, and our law firm’s track record in structuring and negotiating successful and viable transactions. Our lawyers know technology and know business and that makes our law firm a good partner for any business to have.

At Shumway Van our lawyers regularly represent clients in contract negotiations. With respect to technology transactions the representation often involves IP licensing rights related to a myriad of issues common in local and national economies. From drafting software, technology or other such intellectual property licenses, to negotiating agreements that help the owner of the intellectual property to extract significant value from the asset, our technology attorneys provide clients with substantive expertise to help meet their immediate business objectives and to anticipate broader enforcement and related issues.

Our intellectual property attorneys have significant experience with:


  • Negotiating and drafting complex agreements to obtain, protect, commercialize, and license technology and computer-related intellectual property rights.

  • Negotiating and drafting complex copyright development, transfer, and licensing agreements.

  • Drafting online and electronic commerce contracts, disclaimers, legends, and privacy policies.

  • Drafting and negotiating computer software and hardware licenses and transfers.

  • Trademark Litigation

  • Trade Dress Litigation

  • False Advertising Litigation

  • Unfair Competition Litigation

  • Lanham Act Litigation

  • Domain Name Litigation

  • Right of Publicity Litigation

  • Advertising Litigation

  • Trademark Cancellations

  • Trademark Oppositions


Family Law

Shumway Van seeks to obtain the best results for its clients, and to provide quality family law services at a reasonable cost. Our attorneys and legal staff are committed to settling cases early in the proceedings without sacrificing our client’s interests. However, if litigation is necessary, the attorneys at Shumway Van are very experienced and aggressively seek to obtain the best results for our clients.

The family law attorneys at the firm have experience in a variety of areas of the law in order to provide our clients with a more comprehensive base of knowledge for their family law cases. Our clients have found it to be very beneficial to utilize attorneys that understand real property, contract, estate planning and other related areas of law when a complex situation needs unwinding. Our experienced and trusted Utah, Texas and Nevada divorce and family law attorneys will represent your interests in all areas of family law and divorce issues, including but not limited to the following:

  • Contested and uncontested divorce

  • Spousal maintenance/alimony

  • Property division

  • Child custody and support

  • Modifications of orders

  • Relocations

  • Paternity

  • Domestic violence

In striving to provide the highest degree of service, professionalism and integrity, we offer full-service family law counsel. We also offer divorce mediation and limited scope representation.


Estate Planning

Attorneys at Shumway Van practice in the areas of federal and state tax planning for persons and entities involved in real estate transactions, whether as owners, lenders, developers, foreign investors, or users. We are also recognized for our expertise in estate planning and probate and trust administration. Our tax and estate planning practice includes, but is not limited to, the following:

Entity Related Planning. Family partnerships, joint ventures, and limited liability companies to develop and operate real estate or other business projects, substantially reducing the family’s potential income and estate tax while preserving control.

Trust Agreements. Living trusts, which provide for the disposition of a client’s assets at death in a tax-efficient and probate-free manner, and also for the management of property during the client’s lifetime in case of disability.

Wills. Wills, testamentary trusts, and similar arrangements, which provide security for the client’s heirs, minimize income taxes and maximize administrative efficiency.

Pre-Relationship Agreements. Planning and negotiating prenuptial agreements, cohabitation agreements, and other arrangements to protect assets and earnings from potential claims of ex-spouses or others.

Post-Marital Agreements. Planning and negotiating specialized marital settlement agreements to provide for the continued unified operation and control of a family business and investment properties following a divorce.



The immigration attorneys at our law firm assist businesses and individuals with a broad array of immigration situations. Our attorneys and professional staff understand the many issues that a person can face when attempting to obtain legal immigration status, or when applying for the numerous types of visas available. Whether you need a family or business visa, are attempting to gain naturalization, or need assistance with a deportation situation, the immigration attorneys at our law firm can assist you.

Issues related to immigration laws are often complex and can be very time consuming to deal with due to the regulatory and sensitive nature of such matters. With the help of competent and qualified immigration lawyers who not only know the laws, but have experience with many of the issues that arise for many employment-based and family-based immigration situations, you will find the process to be less taxing and increase the likelihood of success with your application or the application of your employee.