Nick Oertel is a business and securities lawyer, concentrating his practice in the areas of start-ups/early stage companies, securities law, mergers and acquisitions, non-profit law, and Michigan tax disputes. Nick is a member of the firm’s Business and Tax Practice Group. He is also the leader of the firm's Information Technology (IT) Group and member of the State and Local Tax Group.
Start-Ups & Early Stage Companies.
Nick regularly advises start-ups and early stage companies on issues ranging from entity selection, intellectual property issues, private placement, crowdfunding, and venture capital financing. He is a regular commenter and presenter on the topic of investment crowdfunding. Nick also offers low-cost fixed fee LLC organization packages for business and individuals forming Michigan LLCs.
Michigan Tax Disputes.
Nick has experience representing businesses in non-property tax disputes and appeals, including sales tax, use tax, corporate income tax, tobacco tax, and officer liability assessments. He has successfully represented dozens of taxpayers in matters before the Michigan Tax Tribunal and informal conference referees.
Mergers & Acquisitions and Business Counseling.
Nick represents purchasers and sellers with respect to asset and stock transactions, as well as mergers, acquisitions, and joint ventures. Nick also counsels clients on a broad array of business issues, including director duties, corporate governance, and general corporate compliance matters. He also regularly assists clients with contract review, negotiation, and drafting.
Nick regularly represents corporations and individuals in establishing organizations that are exempt from federal income tax under Internal Revenue Section 501(c)(3) (charities) and 501(c)(4) (social welfare organizations). He is also well-versed on other tax-exempt structures.
Honors & Recognitions
Ingham County Bar Association's 2016 Top 5 Under 35
Memberships & Affiliations
- State Bar of Michigan
- Ingham County Bar Association
Industry & Professional Associations:
- Ronald McDonald House of Mid-Michigan, Board of Directors
- Assisted Michigan web-hosting company in connection with the sale of its assets to an out-of-state investment fund.
- Won summary disposition in use tax dispute at the Michigan Tax Tribunal. The client’s use tax assessment was reduced from $500,000 to $0.
- Assisted numerous early stage companies negotiate, structure, and close private placement offerings totaling more than $25 million.
- Negotiated a successful settlement to a client’s sales tax dispute, saving the client over $100,000.
- Successfully represented a business owner in an officer liability sales tax dispute. The tax liability was cancelled at the informal conference stage, saving the client $30,000.
- Assisted numerous non-profits attain 501(c)(3) status and successfully reinstated the 501(c)(3) status of several non-profits after the IRS revoked their status for failing to satisfy their Form 990 filing requirements.
- Assisted veterinary practice in negotiating, documenting, and ultimately closing a sale of its assets in excess of $1 million.
Recent Blog Posts
BizTech Law Blog
- Common Legal Mistakes of Start-Ups
- Title III Crowdfunding: What is a Funding Portal?
- SEC Finalizes Long-Awaited Title III Crowdfunding Rules
- Crowdfunding 101
- Michigan Enacts Law Allowing Local Stock Exchanges
Tax Law Blog
- Michigan Intrastate Crowdfunding and More, Foster Swift Business & Corporate Law Report, May 30, 2014
- Court of Appeals Clarifies Agricultural Exemption To The Use Tax, Foster Swift Agricultural Law Update, August 2012
- Can you Reduce your Employment Taxes?, Foster Swift Business & Corporate Law Report, June 2012
- Noncompetition Agreements Are Enforceable If..., Foster Swift Business & Corporate Law Report, June 2012
- Michigan's Tax Overhaul, Foster Swift Employment, Labor & Benefits E-News, August 3, 2011
- New Exemption from the Health Care Form W-2 Reporting Requirement, Foster Swift Business & Corporate Law Report, Spring 2011
News & Events
- MSU Entrepreneurship Association: Legal Edition, Michigan State University, November 18, 2015
- Lansing Crowdfunding Workshop, Michigan Community Resource, September 23, 2015
- Understanding Your Options for Raising Capital in Michigan, Department of Licensing and Regulatory Affairs and Corporations, Securities & Commercial Licensing Bureau, August 11, 2015
- Webinar: Top 5 Legal Issues To Address in Every Software Transaction, October 16, 2013
- Estate and Succession Planning for Family-Owned Agri-Businesses, Michigan Cattlemen's Association, January 21, 2012
- Foster Swift Attorneys to Present Accelerator Award at CMU Competition, April 9, 2018
- Foster Swift Elects Seven New Shareholders, January 18, 2017
- Nicholas Oertel to Lead Workshop for Global Entrepreneurship Week at MSU, November 18, 2015
- Foster Swift Names Nicholas Oertel as Firm's New Associate, April 14, 2010
Michigan State University College of Law, J.D., 2009, summa cum laude
Michigan State University, B.A., 2006, high honors
Bar and Court Admissions