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 family-owned businesses, start-up companies, and health systems. He has more than 10 years of experience and a unique ability to find simple solutions to complex issues. Nick is the current co-leader of the firm's Business & Tax practice group.

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 family-owned businesses, entrepreneurs and start-up businesses on a wide range of matters. He is an expert on entity selection issues and drafting effective shareholder agreements, including planning for multi-generational family businesses. 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

• Firm Elects EC Members and Practice Leaders in 2021, February 17, 2021
• 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

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

Securities Exemptions 101

Michigan Sales Tax Update

Convertible Promissory Notes

Small Business Resources

Crowdfunding: Update on Title III Rules