Services

Jason Wiener|p.c. will help take your organization where you want to go. We have deep experience working with founders, executive teams, impact investors, venture capitalists, and Boards of Directors. We know how important your mission and values are; we will help bake purpose and values into all aspects of your organization.

COLORADO – THE DELAWARE OF COOPERATIVE LAWTM


Areas of expertise

Business Model Architecture and Design
  • Business Plan
  • Entrepreneurship coaching and consulting
  • Pre-launch, launch and growth strategic planning
  • Business and capital development strategy
  • Ownership design, prioritizing long-term
  • Individual and organizational exit/succession planning
Social Enterprise Entity Formation
  • Coop, LCA, Multi-stakeholder entities, Employee Ownership
  • PBC
  • Corporation
  • LLC
  • Limited Partnership
  • Non-profit corporation
  • Entity choice and analysis
Basic Tax
  • EIN
  • Form 1023 – IRS Tax Exemption
  • 83(b) protective elections
  • S-Corp election
  • Sub-chapter T – “cooperative taxation”
  • Partnership tax work
  • Program Related Investments
  • Mission Related Investments
Equity Allocations and Equity Incentive Plans
  • Restricted Equity Incentive Plan documents
  • Equity award or purchase agreements
  • Vesting equity structures
  • Section 701 Compliance
  • 409A valuation and qualified ISO compliance
  • Integration and administration of online capital management platform (e.g. esharesinc.com)
  • 83(b) elections
Founders Agreements
  • Founder equity allocations
  • Founder vesting equity incentive compensation
  • Shareholder agreement
  • Operating agreement
  • Partnership agreement
  • Intellectual Property Assignments
  • Company protection agreements (non-competition, non-solicitation, non-disclosure) – with a particular emphasis on balance, teal law
Financing and Capitalization; Securities Compliance
  • Alternative and non-extractive financing strategies and implementation
  • Securities law compliance
  • Exempt and registered offering (Reg D, Reg CF Crowdfunding, Intra-state direct public offering, Reg A+, accredited and non-accredited investor offerings)
  • Equity, debt, convertible debt, warrants and revenue share instruments
  • Direct Public Offerings
  • Crowdfunding
  • Friends & Family
  • Venture Capital
  • Angel Investment
Employment, Consulting and Independent Contractor Agreements

Employment, consulting and independent contractor agreements

Corporate Governance
  • Board and shareholder resolutions
  • Board minutes and policies
  • Board development and governance best practices
  • Strategic planning and organizational development
Custom Transactional Support
  • Project agreements
  • Contract review and negotiation
  • Licensing, joint venture, memoranda of understanding
  • Terms of Service
  • Privacy Policy
  • B2B Agreements
  • B2C Agreements
  • Services Agreements
  • Renewable energy project transactions
  • Real estate acquisition, sale, lease agreements
Employment Compliance
  • Employee handbooks
  • Employee ownership
  • High performance, high engagement culture development
  • Financial literacy, governance and decision-making, and culture & values training and facilitation
  • Independent Contractors
  • Wage and Hour Law compliance
  • Equity Incentive Plans
  • Internship programs
  • Work exchange and dual employment
  • Trade Secret protection
  • Employee venture spin outs
Mergers & Acquisitions
  • Succession planning
  • Employee ownership conversions
General Outside (Virtual Inside) Counsel
  • On-demand, phone, virtual and in-person executive and management team advising and consultation
  • Risk management
  • Strategic planning
  • Litigation management
  • Management and coordination of local or special counsel
  • Board counsel where there is already corporate counsel
Cooperative Development
  • Feasibility Analysis
  • Cooperative and employee ownership conversions and recapitalization
  • Cooperative capital development
  • Business model design and architecture
  • Formation
  • Sustainable scaling
  • Succession planning and M&A
Training, Organizational Development, Education and Public Speaking
  • White label organizational development consulting and speaking
  • Academic guest lectures
  • Public and conference speaking engagements
  • Cooperative business model
  • Non-extractive and alternative finance and capital development
  • Employee ownership
  • Social entrepreneurship
  • Impact investing
  • Program related investments
  • Sharing economy law
  • Business law topics relevant to various offering areas

Industries

  • Shared And Employee Ownership
  • Farming, Agriculture, And Food Producers
  • Local And Impact Investing
  • LOHAS Brands
  • Craft Beer
  • Local And Independent Food And Beverage
  • Freelance And Gig Economy
  • Consulting And Professional Services
  • Technology And #platformcoops
  • Co-working
  • Transportation
  • Solar And Renewable Energy And Electric Utility Regulation

Approach to fees

Jason Wiener|p.c. strives to provide flexible and value-based pricing structures to clients. As entrepreneurs ourselves, we understand the unique needs of start-ups and social enterprises, which are often borne from personal passion and sometimes personal capital.

To help you budget for the cost of legal and business consulting services, we utilize the following tools and guidelines:

  • By utilizing a modest retainer at the outset, we are able to keep hourly rates affordable. Retainers help with cash flow, and with managing time efficiently. This translates into savings to you through competitive hourly rates and streamlined time management.
  • Jason Wiener|p.c. accepts check, ACH and credit card payments for both invoice balances and to fund retainers, providing flexibility and convenience for clients. Credit card payments can also be made through a secure online portal.
  • Flexibility is key. Some clients prefer to operate with evergreen (periodically replenished) retainers to reduce the hassle of monthly invoices. Others are managing their own cash flow, and prefer to transition from the initial retainer to monthly billing.
  • Fixed-fees can apply for certain types of work when possible. However, some projects work best under the age-old hourly rate structure. When work requires time-billing at our hourly rate, we work efficiently to offer superior value.

Jason Wiener|p.c. value-pricing is based on:

  • Maintaining lean operations and minimal overhead;
  • Variable hourly rates depending on the nature and complexity of the work;
  • Collaboration with clients. Some clients want to be deeply involved in the iterative process. This can facilitate decision-making and streamline the work. We are equally happy to work with clients who simply want to review and approve the finished product;
  • The firm works with legal professionals with varying levels of experience and who each bill at variable rates, depending on the work. We do our best to balance the need for experience and competence at the lowest cost.
  • Supervised law clerks perform some of the deep research that may not otherwise be supported by a client’s budget.
  • We do not charge for travel within 20-miles of Boulder, Colorado when meeting at client’s offices or premises;
  • Through strategic partnerships with other legal, finance and business specialists, we are able to offer the depth of service often found at much larger law firms;
  • We are comfortable with and offer technological solutions that enable video, conference and other virtual meeting formats.  On request, we may agree to record a call or video session so you can go back or share with your internal team.
  • We pay for private, clean and accessible meeting space only when needed, which means we can pass along the savings from not maintaining regular meeting space; and
  • We provide “virtual” general counsel services by maintaining expertise in the many areas of law and regulation that impact start-up and emerging growth businesses, cooperatives, social enterprise, and hybrid forms.

Jason Wiener|p.c.’s value extends beyond legal services, and includes counsel with respect to many other strategic and critical issues.


Anti-Oppression Client Services Program

Reimagining Access to Legal Services: How our billing is changing to reflect our anti-oppression ideals: 

The purpose of our Anti-oppression Client Services Program is to further racial economic justice and equity. 

We acknowledge that the traditional hourly-fee structure that drives the legal industry is fraught with inequity. How is it that an attorney’s time, sometimes costing clients upwards of $1,500 per hour can be deemed more valuable than an hourly worker, or the time of the client?  Why is it that so many cannot afford an attorney or to access quality legal representation, particularly for a community-oriented or social justice endeavor? While there are certain costs embedded in an attorney’s hourly rate to cover overhead and even costly education and training, a fair proportion of an attorney’s hourly rate is driven by the so-called “market”.   

The so-called “market” is one of the dominant pillars of the white supremacist system we are committed to dismantling. The “invisible hand” of the market has been used as an instrument of racial oppression since before Adam Smith wrote those words. 

 In early June, we took a vocal stand in support of the Movement for Black Lives, including movements for Indigenous and other people of color. 

In furtherance of our work, we have crafted a new fee arrangement aimed at repairing the harm done by “market” rates for legal services.  

For now, there are three independent but related components to our Anti-oppression Client Services Program: 

  • Anti-Oppression Discount: As a Firm, we are committed to racial justice and stand in solidarity with the movement to support Black and Indigenous People and People of Color (BIPOC) in our communities. We do this in a variety of ways, including offering a discounted fee to clients led by or primarily serving BIPOC communities and that are working on social justice issuesWe discount the lead project attorney’s fee by a certain meaningful percent and the rest of the team’s fees are also discounted by the same or a lower percent.  We offer this discount unsolicited; the client or prospective client need not ask. 
  • Anti-Oppression “Pay-it-Forward” PilotWe are in the planning phase for a “Pay-it-Forward” program that has several components: 
    • We will soon begin surveying clients about what anti-racist actions they are taking in their daily work. We will examine results and share trends, best practices and help connect clients with other ideas and resources. 
    • We will be asking clients if and how they might want to connect with our other clients, particularly those led by or primarily serving BIPOC communities working on social justice issues.  We have clients that have achieved a scale or obtained funding that enables them to serve as mentors, clients and advocates for our other clients that are just starting out, or those that are led by historically marginalized Black, Indigenous or other people of color. 
    • We are designing a “Pay-it-Forward” billing program. We would ask clients led by or primarily serving non-BIPOC communities to acknowledge and leverage privilege, and volunteer to pay a fixed amount or a percentage of our Firm’s fee on a “pay-it-forward basis”. The proceeds from this program would be used to deepen and expand our Firm’s work to expand access to broad-based wealth and income through collective business ownership and alternative financing, specifically for clients led by or directly supporting BIPOC communities doing social justice work. 
  • Reporting and Accountability:  We are committed to transparently reporting anonymous and aggregate participation and outcomes of this program.  We will report regularly on our firm’s pro bono and discounted fee contributions to this program. We are also committed to reporting on the concrete ways this program is benefitting BIPOC communities through the dispatch of our law firm’s legal servicesWe hope to show the clear connection of between anti-racism work and positive outcomes for BIPOC communities. 

 For a law firm of our size, we are committed to providing outsize pro bono support to low and modest means clients, particularly those led by or primarily serving BIPOC communities.  Our Firm has participated in the Colorado Supreme Court’s Pro Bono Recognition Program for the last 3 years. We strive to contribute an average of 50-hours of pro bono legal service per full-time equivalent attorney, on a paid basis. We are on track this year to meet the challenge. 

 Contact us to learn more about the program.