Markus May

SUMMARY OF QUALIFICATIONS Markus is a client focused and service oriented legal professional with knowledge in a broad range of industries and experience in dealing with all levels of management. Markus represents businesses and owners of businesses in forming, operating and buying and selling companies. He is a highly effective negotiator and advocate with extensive drafting experience. As a prior unit manager, Markus is very familiar with financial concepts and business drivers who enjoys solving legal problems for clients. PROFESSIONAL EXPERIENCE • Represent buyers and sellers on the purchase and sale of businesses. Handle all aspects of sales including closings, negotiations, drafting letters of intent and purchase agreements, and entity formation. Work on legal due diligence items related to business sales. Transactions completed in a broad range of industries including various franchises, manufacturing, retail, personal services, restaurant, screen printing, advertising, and professional services such as dentists and doctors. • Business Entity Formation: Advise clients regarding choice of business entities and help clients set up new businesses including S and C corporations, limited liability companies and not for profit corporations. Help clients structure corporate formalities including by-laws, operating agreements, and minutes in such a way as to minimize risk. Perform on-going maintenance and corporate record keeping functions. • Draft, review, and negotiate hundreds of contracts including real estate contracts and leases, property management agreements, independent contractor agreements, facility management agreements, termination letters, vendor service agreements, software license agreements, sales representative agreements engagement letters, severance agreements, government bidding documents, confidentiality & non-competition agreements and others. • Advise business owners regarding corporate governance including issues related to issuance of additional capital, transfers of shares, corporate minutes, and shareholder or member (buy-sell) agreements. • Arbitrator: Work as court appointed arbitrator for the DuPage County Court arbitration program. Listen to arguments and make findings on cases. PROFESSIONAL ORGANIZATIONS Illinois State Bar Association: Corporations, Securities & Business Law Section Council (2006 – present) and Section member 2002 - present Midwest Business Brokers and Intermediaries: Board of Directors (2008 – present). Buyer’s Committee 2006 - present. Meetings Committee 2007 - 2008. Collaboration Award recipient, 2006, 2007 and 2008 DuPage County Bar Association: Business Law Section (2004 – present), Publications Board (2005- present) Kane County Bar Association. Prior member Naperville Junior Chamber of Commerce: Board of Directors, work on numerous committees and participation in a large number of community service events. EDUCATION Juris Doctor, University of Colorado School of Law, 1991, University of Colorado Law Review – Staff Editor; Class President; Dean's Scholarship; Dean's List; Business Law Association; Phi Alpha Delta. Bachelor of Science - Marketing cum laude, University of Colorado, 1986, Golden Key and Beta Gamma Sigma National Honor Societies; Homecoming Chairman; Teaching Recognition Awards Chairman; Dean's and Regents' Scholarships. Dormitory Representative Council. PUBLICATIONS A Look at the Employee Classification Act, , Illinois State Bar Association Corporation, Securities & Business Law Forum, February 2008, Vol. 53, No.2. Pierce the Veil, Insight-the Magazine of the Illinois CPA Society, Sept./Oct. 2007, Vol. 57, No 3. Helping Business Owners Avoid Personal Liability, Illinois Bar Journal, June 2007, Vol. 95, No. 6. Negotiating And Drafting Pre-Acquisition Documents Related To A Business Sale Or Purchase, Illinois State Bar Association Corporation, Securities & Business Law Forum, March 2007, Vol. 52, No.3. Preparing the Pre-Acquisition Documents Related to a Business Sale or Purchase, DuPage County Bar Association Brief, Jan. 2007, Vol. 19, Issue 5, page 11. Voluntary Dismissals in Illinois – a Critical Review, Illinois Bar Journal, Sept. 2004, Vol. 92, page 484. A Primer on Judicial Admissions, DuPage County Bar Association Brief, February/March 2005, page 12. Drafting a Guaranty Association Agreement; Mealey's Litigation Reports, Insurance Insolvency, Vol.6, Iss.# 15 (1/5/1995) Sale of an Insolvent Insurer's Charter; Mealey's Litigation Reports, Insurance Insolvency, Vol.5, Iss.# 24 (5/18/1994) Frequent Newspaper Articles on legal issues for the Naperville Sun. SPEAKING ACTIVITIES “Why Deals Die and How to Bring Them Back to Life” Midwest Business Brokers and Intermediaries Annual Conference, January 25, 2008 “Piercing the Corporate Veil” DuPage County Bar Association Business Law Committee, November 15, 2007. “Lease or Buy My Business Space? Making the Right Choice,” Westmont, IL, October 24, 2007. “Deal Structure: Getting to an Agreement Both Buyer and Seller Can Close,” Midwest Business Brokers and Intermediaries Annual Buyer Seminar, September 20, 2007. “How To Prepare to Sell Your Business: What You Need to Know From a Legal Perspective,” Seminar for Business Owners, St. Charles, IL, July 10, 2007 “How to Buy a Business Valued Under $1 Million,” Midwest Business Brokers and Intermediaries, Des Plaines, IL, June 12, 2007. “How to Avoid Personal Liability for Business Debts,” A presentation to 30 SCORE executives representing western Chicagoland, College of DuPage. May 15, 2007. “Deal Structure” An interactive mock negotiation regarding a hypothetical sale and numerous legal issues often addressed in negotiations. Seminar at the Midwest Business Brokers and Intermediaries morning meeting. Des Plaines, IL, April 3, 2007. “Best Practices in Deal Making: Developing Your M&A Practice - Finding and Developing Good Buyers” Midwest Business Brokers and Intermediaries Annual Conference, January 26, 2007 “Best Practices in Acquiring a Business - Deal Structure” Midwest Business Brokers and Intermediaries, September 21, 2006. WBIG Chicagoland radio, guest appearance on the Livin’ the Dream program, July 11, 2006 regarding negotiating and drafting Commercial Real Estate Leases