Thomas B. ("Brad") Eriksen represents business and corporate clients in all aspects of business operations, from choice of entity and capitalization decisions to operational issues and growth, exit, and transition strategies. Business transactions, including acquisition and sale of businesses, capitalization and organizational structuring, and succession planning for business owners and senior management, are a substantial part of Brad's practice. His practice also includes executive and deferred compensation planning for nonprofit entities such as credit unions and governmental entities. Brad has experience in representing many construction industry clients, including residential and commercial developers, contractors, subcontractors, suppliers, and design professionals.

Business Organization

Brad advises clients regarding the business entities that are available to address a variety of organizational needs. Brad advises clients and structures and capitalizes many new business organizations to enable them to grow and succeed, including issues regarding:

• Capital and tax structuring
• Equity financing from private and institutional sources
• Debt financing
• Leveraged and bootstrap acquisitions
• Choosing business entities to suit the unique needs of each business, including:
• Limited liability companies
• Limited liability partnerships
• C corporations
• S corporations
• Cooperative corporations
• Professional corporations

Each type of business entity has different liability and tax benefits and burdens. Brad helps business owners choose the appropriate entity to suit their needs, now and for the future.

Business Planning

Brad advises business clients in many areas of business planning, including:

• Buy-sell agreements
• Incentive stock options
• Nonqualified stock options and grants
• Stock appreciation rights (phantom stock)
• Stock bonus plans
• Deferred compensation plans
• Employment agreements
• Independent contractor agreements
• Distributor agreements

Business Sales and Acquisitions

Brad represents and advises many individuals and entities in the sale or acquisition of businesses or their assets, including:

• Negotiating terms and conditions
• Performing due diligence
• Structuring the acquisition
• Financing the acquisition
• Planning for contingent liabilities
• Retaining key employees

Many transactions can be structured to take advantage of tax and legal benefits. Such transactions involve a cooperative effort among the client's professional advisors. Brad works with tax advisors to structure a variety of tax-advantaged transactions.

Business Succession Planning

Many business owners need an exit strategy that will enable them to leave the operations or ownership of the business to others, whether through sale or transfer to other owners or employees. Brad structures and negotiates the sale or transition of many businesses and coordinates the transaction with other professional advisors in order to minimize tax liability.

Employee Benefits and ERISA

Brad advises many clients regarding employee benefits, including deferred compensation and qualified retirement plans. Brad has assisted many nonprofit entities, such as credit unions and governmental entities, in designing and implementing deferred compensation plans for senior management.

Education and Professional Qualifications

B.S. Political Science, Oregon State University, 1979

M.B.A., Willamette University, Atkinson Graduate School of Management, 1984

J.D., Willamette University College of Law, 1984

Adjunct Professor, Clark College 1992-1995

Memberships and Honors

Member, Oregon State Bar, Sections on Business, Taxation, Real Estate and Land Use

Member, Washington State Bar Association, Sections on Business, Public Procurement and Private Construction, Real Property, Probate and Trust, and Taxation

Member, Clark County Bar Association

Past President, Greater Clark County Rotary Club

Member, Oregon Entrepreneurs Forum

Pro Bono General Counsel, Camas Education Foundation

Trustee, Willamette University, Atkinson Graduate School of Management Alumni Association 1991-1993

Publications

"Operating Legally," Score (SBA) Annual Resource Guide, 1998, 1999, 2000, 2001

"Selling Your Company: Issues to Consider," Vancouver Business Journal

Articles

What to Do When the FDIC Becomes Your Lender

Commercial Condos

Last Call to Comply with New Deferred Comp Regulations

Employee-Owned Companies: Exit Strategies

Creative Executive Compensation Under IRS Scrutiny

New Statutory Protections for Minority Shareholders

Court Rules on Majority/Minority Shareholder Issue

Planning Necessary for Effective and Efficient Business Succession: Parts I, II, and III

Tax Credits for ADA Remediation Efforts

Undercapitalization Means Personal Liability