Michael J. Fischer

Michael Fischer is a shareholder with the firm, practicing in the Business Practice Group. He focuses his practice on tax law, business and estate planning, wealth preservation, business transactions (including purchases and sales of businesses and real estate) and related matters. Mike has also helped certain long-standing clients manage complex business and estate litigation to a successful conclusion.

Mike believes that success in the practice of law is relatively simple, requiring only client-focused solutions designed to deliver tangible value on a timely basis. Mike had an early introduction to business after obtaining his commercial real estate license at age 18, at which time he began working with business owners and investors in the commercial and investment real estate industry. Mike continued this work during his undergraduate and law school studies. It was during this time Mike began to understand how tax law frequently drove the ultimate structure of business transactions, and this early introduction to the tax issues, negotiation, and problem-solving drive his practice to this day. The satisfaction Mike garnered from his work with individuals pursuing interesting business and development activities gave rise to his desire to work with business owners and professionals as a career in the legal profession which he feels fortunate to have been able to pursue at Payne & Jones.

Mike pursued his interest in business at each stage of his education, receiving his Bachelor of Arts in Economics, Masters of Business Administration and Juris Doctorate Degrees. Mike was the recipient of awards and scholarships for being an Outstanding Undergraduate Student in the Economics Department, was recognized as Student of the Year, and was asked to give the commencement address while studying to attain his M.B.A. Additionally, Mike received a scholarship to spend one year studying international business at the Consortium for International Management and Business Analysis in Asolo, Italy. While in law school, Mike received several awards for earning top honors in business-focused subject areas including tax, contracts, property, and estates, and lectured regarding the legal aspects of business as a teaching assistant in Business Law. He has continued to write and present on matters relating to tax, business, and estate planning, wealth preservation, business succession planning, real estate, and commercial transactions.

PRACTICE EMPHASIS

Mike’s unique personality and business-focused approach have been critical in achieving positive outcomes in the following matters:

• Sale of a multi-million dollar service-based business involving complex legal and shareholder issues, where certain shareholders and key-employees were to receive minority shares in the purchasing company, and others were not. The transaction gave rise to unique corporate governance and tax issues (and savings).

• Preparation of multiple estate plans focused on minimizing estate taxes and maximizing wealth-preservation and asset protection for closely-held business owners and professional practitioners.

• Assisted the owners of a high-tech start-up business with initial entity organization and various related matters, seeing representation through to an eventual capital raise of $8 million from venture capital investors.

• Estate litigation involving the wrongful removal of the voting stock in a closely-held corporation from the Trust of the business owner. The business was valued in excess of $40 million. The case involved unique estate tax, trust, and damage valuation issues, and with the help of brilliant firm litigators, was resolved favorably in such a manner that the beneficiaries received monetary compensation potentially decades earlier than they were otherwise entitled, and in such a way that they were no longer subjected to the malfeasance and mismanagement of the adverse parties.

• Advised multiple local business owners on the tax-efficient transitions of the closely-held business from one generation of the family to the next.

• Assisted with the management of litigation for a business client which sought damages in excess of $10 million.

• Sale of an industrial supply business following decades of ownership by an individual owner. A simple change to the timing and structure of the transaction which did not materially affect the buyer or seller was able to save the owner approximately $80,000 in taxes.

• Preparation of basic estate planning documents for many teachers, preachers, first responders, first-time parents, and long-time clients.

• As just a second-year associate, and prior to the time he gave up wearing a suit and tie, Mike obtained a $2.3 million judgment against a national restaurant franchisee being defended by a large national law firm.

Associations / Memberships

• Johnson County Bar Association

• Kansas Bar Association

• Missouri Bar Association

• American Diabetes Association

• University President’s Club