Business and Commercial Litigation

The arena of business and commercial law is vast, encompassing banking, consumer transactions, mortgages and real estate. For our firm’s business clients we assist in determining whether to operate as a closely held business, limited liability company, partnership, or corporation. Our attorneys help negotiate sales and purchases of businesses of all types and sizes, devise contracts, structure loans and handle complex tax questions. We aid clients in formulating business plans. We also provide business counseling services. We help dissolve companies and resolve outstanding contracts and disputes. When business-related litigation arises, our firm is armed with decades of experience.

We also help borrowers, commercial banks and holding companies negotiate the complexities of state and federal banking regulations. Our clients also rely on us to handle all facets of real estate transactions.

Taxation and Estate Law

Our firm keeps up with ever-changing tax laws to ensure our individual and commercial clients are protected and do not pay more tax than is necessary. Clients also count on our firm to create estate plans to facilitate the handling of wills, taxes, insurance, property and trusts at the time of their deaths. When the time comes, our firm can administer an estate, including distributing assets, liquidating liabilities, paying taxes, attending probate court proceedings and carrying out decedents’ other wishes.

Civil Rights, Constitutional Law and Employment Law

Civil rights entitle people to basic freedoms — freedom of speech, freedom of religion, the right to vote and the right to be treated as an equal. Discrimination occurs when basic rights are denied because of age, sex, religion, age, nationality, sexual preference or physical limitations. Our firm is at the forefront of civil rights litigation. With attorneys who are constitutional law specialists, we advise clients in the areas of affirmative action, discrimination, freedoms, eminent domain, voting rights, prisoner rights and search and seizure.

These constitutional issues as well as a set of intricate state and federal laws are key to employers struggling to decipher how they must treat prospective, current and former employees. Our attorneys are experienced in handling issues involving employment discrimination, sexual harassment, affirmative action, the Americans with Disabilities Act, the Family Medical Leave Act, the Federal Employer’s Liability Act, the Occupational Safety and Health Act and the Worker Adjustment and Retraining Notification Act.

Insurance Law

Insurance companies rely on our firm for advice and formal opinions on the scope and meaning of insurance policy coverage provisions and the “duty to defend” insureds in reference to pending claims. We have also authored the definitive legal text on Mississippi automobile insurance law and practice (West Publishing) designed for use by insurance claims professionals and attorneys in need of a reference source interpreting and construing automobile insurance provisions and explaining the contractual rights and obligations of insurer and insureds in the context of litigation and otherwise. We also are regularly retained by insurers to defend insureds when litigation arises. Our attorneys’ knowledge of insurance, employment, business and constitutional law are paramount in serving our insurer clients.

Personal Injury

Personal injury is the wrongful injury of one person by another. Our attorneys represent parties involved in premises liability disputes, automobile accidents, defective product claims, negligence and intentional misconduct.

Products Liability

Litigation often arises concerning alleged defects in auto industry products, construction, children’s toys and care equipment, drugs and consumer products. Our firm deftly handles claims alleging defective product design and manufacture and failure to warn.

Intellectual Property Litigation

Clayton O'Donnell is experienced in intellectual property litigation including patents, copyrights, trademarks and trade secret litigation. Because our clients' needs must be served in other states and consultation may be necessary with intellectual property lawyers who have specific expertise in various aspects of intellectual property, our firm has established relationships with intellectual property firms in the southeastern United States. Our relationships with intellectual property firms allow us to offer our clients the depth of expertise of intellectual property firms combined with experienced intellectual property litigators resulting in a better value for our clients.

Mergers & Acquisitions

We expertly handle acquisitions, sales or mergers of businesses. Our clients benefit from our experience and skills related to all aspects of buying and selling businesses, be it a family owned and operated business or a large corporation. We can strategically plan a merger or acquisition, adeptly negotiate the terms, structure and successfully close the transaction. We help our clients realize the full value of the businesses they have worked hard to build. Whether representing a large corporation or family-owned business, buyer or seller, our objective is to maximize the advantages and minimize the risks to our clients.