Nick Marsico is a businessman who happens to be an attorney, which allows him to provide practical, real-world answers and the ability to translate complex legal issues into business issues that can be more easily evaluated. Nick, a senior Director with the Firm, focuses his practice on business transactions for small and mid-sized businesses, such as buying and selling businesses, private placement offerings, limited liability company issues, license agreements and other technology issues, and trademark and copyright protection, as well as common transactional matters such as entity formation and structuring, contract drafting, and contract law.
In his mergers and acquisitions practice, Nick counsels clients on the appropriate transaction structure for buying or selling the business, performing due diligence, and negotiating transaction documents including the letter of intent, the purchase agreement, confidentiality agreements, employment agreements, and consulting agreements.
In his trademark practice, Nick conducts trademark searches; files trademark applications; provide opinions as to the availability of a desired mark or the infringement or validity of the mark; prosecutes trademarks before the Patent and Trademark Office; negotiates license agreements; negotiates trademark disputes and consent agreements; and represents clients before the Trademark Trial and Appeal Board in actions such as opposition proceedings.
Nick also counsels businesses trying to raise capital from private investors. Typically, these businesses need capital for their business plan, but cannot obtain a traditional bank loan. These businesses typically issue equity or convertible notes to the investors. Raising capital from investors must be done carefully in order comply with federal and state securities laws. Nick counsels clients on the structure of these transactions, which are typically Reg D private placements, drafts the private placement memorandum, and advises on compliance with federal and state securities laws.
Nick also has a tax background and advises on federal and state tax planning matters, tax compliance matters, tax litigation, and Illinois franchise tax matters.
Nick is also Certified Public Accountant and has taught business law classes as an adjunct professor for DePaul University’s CPA Review Program. He has been a speaker at various seminars involving recent developments in limited liability companies, business law, and tax. He is a regular speaker for the National Business Institute on LLC issues. He has been selected as a member of the “Leading American Attorneys” by the Leading Attorney Network (lawlead.com), which is awarded to the top 5% of attorneys. He has been named an “Illinois Super Lawyer” by Law & Politics magazine (superlawyers.com), which is awarded to the top 5% of Illinois attorneys.
Nick joined Huck Bouma in 2007. Prior to joining Huck Bouma, Nick was a partner at the Chicago law firm of Rooks, Pitts and Poust, which later merged into Dykema Gossett PLLC, which is a large national law firm.
Nick lives in Wheaton with his wife, Kelly and their two sons. He enjoys biking and golfing. He actively participates in his sons’ Boy Scouts troop and their other activities. He is a passionate life-long Chicago Blackhawks fan, an optimistic Chicago Bears fan, and a long-suffering Chicago Cubs fan.
Current Status of the Series LLC: Illinois Series Improves Upon Delaware Series LLC But Many Open Issues Remain, vol. 9, no. 6, Journal of Passthrough Entities, November-December, 2006
Illinois Series LLC: New Vehicle For Holding Multiple Properties, vol. 10, no. 3, Illinois Real Estate Journal, March, 2007
Will the Series LLC Work For Holding Real Estate?, vol. 22, issue 12, Midwest Real Estate News, December, 2006
Chopping Down the Fruit Tree: Caruth Corp. v. United States Applies Assignment of Income Doctrine to Gift of Stock Between Declaration and Record Dates, v.40, no. 3, DePaul Law Review, Spring, 1991
Anatomy of the LLC, December, 16 and 17, 2008
Advanced LLC Issues, April 18, 2007
Advanced LLC Issues, December 5, 2006
Limited Liability Company Update in Illinois, September 14, 2005
Operating as a Privately Owned Company in the 21st Century, May 17, 2005
Advanced LLC Issues in Illinois, March 22, 2005
The Ins and Outs of Limited Liability Companies in Illinois, November 12, 2004
Limited Liability Companies and Limited Liability Partnerships in Illinois, October 21, 2003
Tax Aspects of Limited Liability Companies in Illinois, August 23, 2002
Adjunct Professor, Business Law, DePaul University’s CPA Review Program