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Michael G. Prestia commonly represents clients in litigation involving:

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Business Torts  
Shareholder Disputes  
Equipment Leasing Disputes  
Derivative Actions on Behalf of the Company  
Commercial Contract Disputes  
Breach of Nondisclosure Agreements  
Non-Compete Disputes  
Franchisor Franchisee Disputes  
Route Sales Disputes  
Distributor Disputes  
Trade Secret Violations  

Partnership Disputes

Commercial Collections  

Copyright Infringement  

Breach of Contract  

Conversion  

Misappropriation or Misuse of Funds  

Unfair and Deceptive Trade Practices  

Patent and Trademark Infringement  

Employment Agreement Disputes  

Controversies Involving the Use of Land  

Sale of Goods Disputes

Commercial Collections and Debt Reduction/Business Turnaround

We provide accounts receivable and contract recovery services from initial pre-litigation debtor communication to litigation and post judgment asset recovery. Many business debtors also hire our firm for debt reduction through creditor negotiation and settlement, and business turnaround legal and consulting services, which often include litigation, corporate and financial restructuring, and crisis communication.

AU REVOIR for partnership disputes - we attempt privately to settle issues prior to filing suit with conferences and correspondence.

Specially Drafted for LLC Minority Partners preventing members from being squeezed out by the majority members and those members contributing their skill knowledge and experience for an ownership interest; to avoid probate, creating economic development in Mississippi. LEARN MORE

The Mississippi Limited Liability company is formed upon filing the certificate of formation with the Secretary of State’s office and the execution of the Operating agreement. The revised Mississippi LLC Act came into effect January 1,2011 and mirrors the Delaware LLC Act which is regarded as having the best business laws in the country.  LEARN MORE

Do you need legal assistance in Breach of Contract Claims?  We can draft or improve your existing contracts to avoid litigation in the future.


We handle all types of Contracts: Non-compete agreements, the purchase of goods or services, employment agreements, Distributor agreements, Route sales agreements, sales agreements, licensing contracts, supplier contracts, franchise contracts, commercial leases, collection of business debts, construction contracts, personal guarantees or guaranties, real estate contracts, and review oil and gas leases.

We represent clients in all franchisees and distributor transactions. Do you need assistance reviewing your Federal Disclosure documents, Dealer Agreements? Route Sales Agreements? Licensing? Sale of your Franchise or Route Sale?

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Michael G. Prestia attorney  is a member of the Commercial Law League of America, the Mississippi Bankruptcy Association and is experienced in Creditor Rights issues and  in representing  financial institutions holding troubled assets, buyers of troubled assets, and borrowers with loans secured by troubled assets. Our experience in this area include the negotiation and documentation of financial institution strategic transactions, the representation of financial institutions in regulatory matters, the restructuring and workout of troubled loans, the representation of creditors and others in bankruptcy proceedings and in other trial and appellate litigation, the representation of distressed asset funds and the representation of borrowers whose loans are assigned to the FDIC as conservator or receiver We take an aggressive and effective approach and will schedule a settlement conference with the parties prior to filing suit resulting in  many cases saving the client the cost of Court Litigation.  Our experience with creditor's rights covers a wide variety of business issues. 

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We have direct experience in:

  • Collection of open accounts and outstanding invoices 

  • Collection of  promissory notes indebtedness 

  • Filing proof of claims in Bankruptcy Court          

  • Defense and prosecution of fraudulent transfers and conveyances;

  • Preference claims;

  • Deficiency suits;

  • enforcement of 11 U.S.C. 523 exceptions to discharge

  • Enforcement of creditor's rights under loan and lease agreements;

  • Real estate and property foreclosure.

  • Equipment Leasing services include collection on breach of equipment leases, workouts, bankruptcies. Our involvement includes the financing side of leasing operations, due diligence and documentation

  •  Repossessions and replevin, defense suits and other general matters

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Michael G. Prestia  attorney has been successful in resolving these cases with settlement conferences between the parties  saving the client the time and expense of Court Litigation and the opportunity for the client to resume the trade relationship with his customer.

Michael G. Prestia Attorney represents:
1.Business Owners in dealing with partnership, corporate, and individual tax issues through the entire cycle of entity formation, business operations, acquisitions, dispositions.
2.Through the process of due diligence, the negotiation of key terms, the drafting, negotiation, and execution of definitive agreements.
3.  Business clients in proceedings before the Internal Revenue Service, and the Mississippi State Tax Commission

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Tax Publications:
The Mississippi Business Journal the Partnership Lawyer:  New-Irc-Sec-1061-three-year-holding-period-requirement/   July 2018 
Gazebo Gazette   the Partnership Lawyer:  Changing-to-C-Corp-not-so-fast-Section-199a-New Tax Cut and Jobs Act     

 Is your Company planning to open an Office, Plant or U.S. Factory in Mississippi?

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Michael Prestia, attorney, is a member of AILA (American Immigration Lawyers Association) and can represent you with all your business immigration needs and nonimmigrant visa categories:

           H-3 (trainee)

           L-1 (intracompany transfers)

  • E-1, E-2 (treaty traders and investors)

 

For citizens of a treaty country, an E-2 visa is a convenient way to obtain a visa to enter, work, and live in the United States. The E-2 Treaty Investor Visa is a non-immigrant visa where investors can purchase an existing company or start up a brand-new company and continue to renew the visa as long as the company is maintained. Unlike the EB-5, there is no mandatory investment amount or strict employee requirements.

  • J-1 (physicians, teachers, scholars, interns, au pairs)

  • F-1 (student) including Optional Practical Training (OPT)

  • TN (professionals from Canada or Mexico)

  • B-1/B-2 (business visitors, tourists)

  • O and P (entertainers, athletes)

  • Q (cultural exchange visitors)

  • counseling employers regarding I-9 compliance (employment eligibility verification),

  • social security no match letters

 

Family-Based Immigration & Naturalization

Our family-based immigration practice handles a wide array of cases, such as:

  • K-1/K-3 (Fiancé/Fiancée) visas

  • V-1 (Relative) visas

  • Spousal Immigrant Petitions

  • Immigrant Petitions for relatives of U.S. Citizens and Permanent Residents

  • Permanent Resident Applications  

  • Green Cards  based on employment or family relationships

  • Adjustment of Status and Immigrant Visa Applications

  • Naturalization applications

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