Practice Areas

Agribusiness/Cooperatives

Through three generations of lawyers, our Firm has represented agricultural producers, agribusinesses and cooperatives. This representation involves the lawyers of the Firm providing legal representation in:

  • Grain handling, storage, transportation and contracting
    • Formation and representation of "value added" cooperative and limited liability company entities
    • Corporate governance, articles of incorporation, bylaws, board polices, organizational structure and director/management relationships
  • Mergers and acquisitions
  • Grain Warehouse and Grain Dealer licensing and regulations
    • Members' equity and debt financing including simple and syndicated financing arrangements
    • State and federal regulatory matters including matters involving OSHA, USDA, US Department of Labor, and state departments of revenue, environmental quality, and public service regulatory commissions
    • Commercial transactions, secured transactions, debt collection, creditor bankruptcy, real estate and zoning issues, use and building permits
    • Trade Associations and Governmental Relations

Lawyers from the Firm have also participated as presenters and speakers regarding agribusiness and agricultural cooperative related issues for various trade associations and groups in Nebraska, South Dakota, Kansas and Colorado and have participated in education programs sponsored by the Nebraska Cooperative Council, the South Dakota Association of Cooperatives, the South Dakota Agri-Business and South Dakota Grain and Feed Association, South Dakota State University-Brookings, the Arthur Capper Cooperative Center at Kansas State University and the National Society of Accountants for Cooperatives.

Business Organizations

Crosby Guenzel advises clients regarding the formation and administration of corporations, limited liability companies, cooperatives, partnerships, limited partnerships and professional corporations and limited liability partnerships.

This representation includes preparation of articles of organization or incorporation, operating agreements, bylaws, records of company action, board policies, buy-sell and shareholder agreements and employee handbooks and employment policies. The Firm further represents clients in mergers and acquisitions, shareholder and entity member disputes and dissolutions.

Commercial Business Litigation

Members of the Firm routinely represent clients in both State and Federal Courts, the United State Bankruptcy Court and administrative agencies in matters regarding:

  • Breach of Contract
  • Construction Negligence and Breach of Contract
  • Employment Termination and Discrimination Claims
  • Creditors' Rights in Bankruptcy Actions
  • Debt Collection
  • Sales, Use and Energy Taxation
  • Agricultural Chemical Application
  • Land Use and Boundary Disputes

Debt Financing

Members of the Firm represent clients in commercial loan transactions including: Syndicated Debt Financing; Subordinate Participant Debt Financing; Secondary Loan transactions among parents and subsidiaries; Construction, Short Term and Long Term Operating and Capital Expenditure loans to Limited Liability Companies and Corporate entities involving Member/Shareholder Guarantees; simple Secured Loan Transactions; and Carry-Back Financing for business acquisitions.

Real Estate

From simple residential real estate purchase agreements to complex purchases and sales of business entities or assets, Crosby Guenzel LLP represents parties in real estate transactions. Our experience includes: Grain Facility and Railroad Right-of-Way Lease Agreements; Business and Commercial Easement Agreements, Ingress and Egress Agreements and Commercial Lease Agreements. The Firm also handles the documentation and arrangements for IRC Section 1031 tax free exchanges.

Creditors Rights/Bankruptcy/Collections

The Firm regularly represents creditors in Bankruptcy actions under all Chapters of the United States Bankruptcy Code. This representation varies from simple claim administration in low asset estates, to contested Adversary Proceedings, Motions for the Appointment of Trustees, protection of creditors in Trustee sales, marshaling of assets and other strategies to maximize creditor return from bankruptcy estates. The Firm further assists clients in the collections of bad debt.

Natural Resources

Crosby Guenzel has significant experience in a vast range of natural resources practice areas. In the early 1970's the Firm was instrumental in the establishment of the State's natural resources laws which created the State's natural resources districtsd. In 1974 the Firm successfully defended the challenged constitutionality of the natural resources laws. Over the years, the Firm has given counsel to and represented numerous natural resources districts in matters concerning all aspects of natural resources laws.

Crosby Guenzel is also uniquely situated to address numerous water related issues. Water quality and quanity concerns are a fact of life in the Midwest and Crosby Guenzel has been involved in numerous litigation matters surrounding the use, consumption, and regulatory control of water, including trans-basin diversion, pollutions of waterways, streams and rivers, in-stream flows for wildlife, induced recharge of underground storage, compliance with interstate compacts, rules and regulations, dam permitting, fully and over appropriated river basins, property and occupation tax and others.

Telecommunications

For over 30 years, Crosby Guenzel has been involved in representing companies engaged in providing telecommunications services in both interstate and intrastate commerce. Such representation has involved providing legal services to both land line and cellular communication companies in all aspects of regulation before the Nebraska Public Service Commission as well as in litigation in both State and Federal Courts.

Public Power

Crosby Guenzel has for over 50 years represented numerous public power districts in all aspects of pubic power law, including but not limited to the issuing of bonds, condemnation proceedings, annexation disputes, and acquisitions of rights-of-way.

Insurance Regulatory

For more than 60 years, Crosby Guenzel has represented insurance companies, stock companies, and assessment associations in a wide array of insurance and reinsurance litigation matters. We have participated in and represented clients at numerous administrative hearings, and our attorneys have assisted clients in insurance company reorganizations, asset acquisitions, and insurer affiliations. In addition, our Firm has represented the State regulator on various legal matters, and has also acted as lead counsel in asset recovery and claims determination proceedings involving insolvent insurers in rehabilitation and liquidation proceedings.

Motor Vehicle Dealer-Manufacturer Relations

Crosby Guenzel regularly represents automobile and truck dealers in corporate formations, commercial transactions, operations-related issues, business-related disputes and litigation, and purchases and sales of dealership assets. Our attorneys have also assisted clients with respect to dealer franchise termination proceedings before the State regulatory agencies.