Practice Areas

CORPORATE AND BUSINESS PLANNING

Holden, Kidwell, Hahn & Crapo, P.L.L.C., has experience along a wide business spectrum, from initial formation of the business to complex benefit packages. Our practice includes the creation of organization documents, research and development of limited partnerships, executive and employee pensions and profit-sharing, estate and tax planning and advice concerning employee compensation and benefit packages. Our firm has expertise in employee and management labor relations, debtor/creditor matters, commercial paper, bankruptcy, capitalization of businesses, anti-trust and business spin-offs and buy-outs. We understand the practical, as well as the legal side of business transactions.

COMMERCIAL LAW

The firm represents a number of banks, commercial lenders and leasing companies. The modern complexities of lending, and the threat of bankruptcy proceedings and lender liability suits cause an increasingly complex business environment. The firm is experienced in all areas of commercial law, including loan closings, creation and perfection of liens and security interests in real and personal property, judicial and non-judicial foreclosure actions and defense of lender liability suits.

CONSTRUCTION LAW

The firm has extensive experience and expertise in construction law and litigation. We have represented and continue to represent contractors, sub-contractors and owners/builders. We understand both the practical and legal side of construction law.

RETIREMENT PLANS AND EMPLOYEE BENEFITS

Dating back to long before the passage of the Employee Retirement Income Security Act of 1974 (ERISA), the firm has drafted many retirement and other employee benefit plans for clients, and advised them on operational and administration issues. Currently, the firm handles the documentation and advises employers concerning numerous profit sharing, 401(k), money purchase pension, cafeteria and medical expense reimbursement plans. The firm also drafts and provides ongoing information concerning age-weighted, comparability-tested retirement plans, §403(b) annuity plans, §457(b) plans, disability plans, dependent care assistance plans, severance pay plans, insured and self-insured medical plans, as well as non-qualified deferred compensation plans and individual retirement accounts (IRA's). The firm is frequently involved in negotiating corrections with the IRS for plans not timely updated or operated improperly, and obtaining IRS determination letters for such plans.

FRANCHISE LAW

The firm represents a number of nationwide franchisors and many franchisees in all areas of franchise law. From the inception of the federal and state franchise disclosure requirements, Holden, Kidwell, Hahn & Crapo, P.L.L.C., has been involved in preparing, and analyzing, negotiating and registering franchise disclosure documents for a wide variety of clients. We have registered franchise offerings in California and other registration states and have successfully implemented franchise offerings across the country.

TAXATION AND SECURITIES RELATED SERVICES

Holden, Kidwell, Hahn & Crapo, P.L.L.C., has extensive experience in the field of tax planning. We provide tax advice and services to business, professional and individual taxpayers in many western states. Our tax practitioners are admitted to practice before the United State District Courts; Circuit Courts of Appeal and the United States Tax Court. The firm's law library has a special section devoted solely to tax research matters and includes a state-of-the-art computerized research capability.

The firm is also staffed and equipped to handle documentation and proceedings for municipal insurers of tax exempt debt under Section 103 of the Internal Revenue Code, including industrial development revenue bonds. Our tax and securities attorneys deal with matters related to the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisors Act of 1940, and other federal and state securities laws.

ENVIRONMENTAL

In environmental litigation, our firm has maintained an active defense posture for clients who have become involved in this complex area of law. Our firm has handled numerous toxic tort cases and property contamination cases, ranging from local incidents to highly complex, multi-state and multi-party situations. We represent parties in all phases of state and federal environmental permitting, including hazardous and solid waste, air and water quality, environmental aspects of real estate transactions, civil and criminal environmental litigation, environmental impact statements, environmental audits and legislative and administrative proceedings. Our firm is poised to provide the legal services necessary to protect your business in the ever changing and increasingly complex environmental world.

LITIGATION

The Litigation Department of Holden, Kidwell, Hahn & Crapo, P.L.L.C., is able to present your case forcefully and fairly before any tribunal where your case is to be heard. We have a business litigation group. Our experienced team of litigators will help you throughout all phases of pre-trial investigation, discovery, trial and, if necessary, appeal before the highest court. The members of the litigation team offer a wide variety of personal experience and expertise in the trial arena, assuring you professional and dedicated trial counsel at all stages throughout the legal process. We have extensive experience in litigation all aspects of commercial matters, including the growing areas of toxic tort and environmental law.

In the field of personal injury litigation, the firm has for many years represented some of the largest and most well respected insurance companies in the nation. Our traditional role as defense counsel for litigation defendants is complemented by an active plaintiff's personal injury practice, to assist those who have been injured through the negligence of another.

EDUCATION LAW

The firm currently represents 12 school districts and consults with a large number of other school districts. In the course of representing the school districts over a long period of time, the firm has acquired specialized library and research facilities, as well as specialized training and experience with which to represent school districts. Since the firm deals with a large number of recurring problems which are common to all school districts, the firm is able to provide economical and efficient delivery of legal services.

ADMINISTRATIVE AND REGULATORY LAW

The firm monitors current developments in administrative and regulatory law insofar as such developments affect the firm's clients. Members of the firm practice in several areas which involve administrative and regulatory matters and attend continuing educational seminars on a regular basis in order to stay informed in this developing and changing area of law.

WATER AND NATURAL RESOURCE LAW

Idaho's economy is highly dependent upon agriculture. Water is the lifeblood of this state's farming and ranching concerns. Holden, Kidwell, Hahn & Crapo, P.L.L.C., is the predominant water rights firm in the Upper Snake River Valley. Our firm traditionally represents most of the canal companies and irrigation districts in the region. During the past half century, the firm has been involved in all major water rights litigation, including the Teton Dam disaster, the Swan Falls controversy, and environmental challenges under the Endangered Species laws.

In addition to our water rights expertise, we provide a full range of legal services in oil and gas matters. For the past 25 years, Holden, Kidwell, Hahn & Crapo, P.L.L.C., has provided legal assistance with mining title, patent and claim work throughout the state.

ESTATE PLANNING-PROBATE

The solid reputation upon which the firm of Holden, Kidwell, Hahn & Crapo, P.L.L.C., stands was built, in part, by the care, understanding and professionalism utilized in estate planning and probate proceedings. The emotional impact of the loss of a loved one is often times made easier by advanced planning through the creation of wills and trusts for the decedent's family and loved ones. Because of the often complex intricacies of federal and state estate taxation, the estate planning attorneys in the firm are able to assist you in developing a concrete probate and tax plan.

REAL ESTATE

Our real estate department works hand in hand with our business and corporate practitioners and tax and security experts to offer a full range of services in areas of real estate purchase and development. Our firm is particularly skilled in all aspects of construction contracts, including labor management relations and negotiations and litigation arising from contract disputes. In addition, we offer expertise in land use, commercial development, residential development, leases, conveyances, title litigation, oil and gas and mineral law. Because Idaho--like the rest of the Rockies--is a prime area for commercial and residential development, the experienced real estate practitioners are able to give you or your company a broad base of experience and insight in the field of real estate practice. We have a substantial foreclosure practice involving both public trustee and judicial foreclosure proceedings. Our attorneys who practice real estate law assist you in developing both traditional and non-traditional financing programs, including industrial development bonds, tax exempt financing devices, and equity participation loans.

FAMILY LAW

When personal and family matters require legal services, Holden, Kidwell, Hahn & Crapo, P.L.L.C., is available with a full range of experience to assist clients with their personal needs. The law firm offers expertise in all areas of domestic relations, including complex property issues such as the division of retirement benefits and business interests, as well as the tax issues related to the distribution of property. The law in this area is becoming increasingly complex and our attorneys are prepared to meet the challenge. The firm provides competent and compassionate legal services with all child-related issues such as child custody, visitation, support, grandparent rights, as well as all aspects of the child adoption process.

CRIMINAL DEFENSE

Although practice before the criminal courts does not account for a large percentage of our practice, Holden, Kidwell, Hahn & Crapo, P.L.L.C., offers several attorneys with extensive experience in criminal law--in state and federal court--to assist you, should the need arise. The firm also offers attorneys experienced in the area of criminal tax litigation.

STATE AND LOCAL GOVERNMENT

The firm represents many large and small cities within the state and provides consultation to state and county governments as well. We have acted as issuers' counsel in numerous public bond issues and have served as lead counsel in the construction of many public works projects and several large hydroelectric construction projects. Our attorneys have frequently advocated the needs of our governmental clients to the Idaho State Legislature and we maintain close contact with the Idaho congressional delegation. Our extensive collection of computerized ordinance services and public contacts databases enables us to provide efficient and economical services to our public clients. Our attorneys also have considerable experience in planning and zoning, subdivision control and infra-structure development.