Overview

Nicholas (Nick) Oertel is a partner in the Lansing office of Foster Swift.  He concentrates his practice in providing outside general counsel service to a wide variety of businesses, including health systems, start-up companies, and family-owned businesses.  He has more than 10 years of experience and a unique ability to find simple solutions to complex issues.

As an outside general counsel, Nick assists clients in negotiating, drafting and enforcing all types of contracts. He has significant experience involving mergers and acquisitions - in both the non-profit and for-profit arenas.  His merger and acquisition counsel includes all deal phases from the initial planning (including tax planning) to post-closing indemnification claims and defense.  In the non-profit arena, Nick has counseled health systems in acquisition/affiliation matters and associated governance issues. Nick also advises on federal and state tax issues, including federal income tax exemptions and Michigan non-property taxes (sales and use).

Nick also regularly counsels entrepreneurs and start-up businesses on a wide range of matters.  He is an expert on entity selection issues and drafting effective founder agreements.  Nick has counseled many businesses in fundraising – from convertible promissory notes, SAFEs and Series A rounds – and the Federal and blue sky securities laws applicable to those financings.

Nick is active in various civic groups and is the President of the Ronald McDonald House of Mid-Michigan and is a recipient of Ingham County Bar Association’s 2016 Top 5 Under 35 award.

Honors & Recognitions

Affiliations

Memberships & Affiliations

Legal Affiliations:

• State Bar of Michigan
• Ingham County Bar Association
• Lansing Regional Chamber
  • Political Action Committee 

Industry & Professional Associations: 

• Ronald McDonald House of Mid-Michigan, Board of Directors

Experience

Representative Matters

• Represented technology company in $100+ million sale  to private equity fund;
• Represented health system in negating and implement successful joint venture;
• Represented Michigan-based private equity fund in acquiring heating and cooling business;
• Crafted succession plan and associated documentation to transition successful multi-generation family business;
• Successfully represented business owner in office liability sales tax dispute – all liability cancelled
• Assisted numerous early stage companies, negotiate, structure and close private placement offerings totaling more than $25 million
• Successfully obtained summary disposition in use tax dispute – use tax assessment reduced to $0

Communications

Publications

• 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

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News & Events

Speaking Engagements

• 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

News

• 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

Media

Business

Convertible Promissory Notes

Michigan Sales and Use Tax Audits: What You Need to Know

Securities Exemptions 101

Michigan Sales Tax Update

Small Business Resources

Crowdfunding: Update on Title III Rules