Michael T. Eversden


“I look out for my clients as if their businesses were my own.”

Some of Michael’s business clients come to him for financial counsel concerning debtor-creditor relationships and bankruptcies.  Others come to him seeking franchise counsel, whether in establishing a franchise system, evaluating a franchise purchase, or resolving a dispute between a franchisor and franchisee. Whatever their situation, Michael helps his clients deftly resolve their challenges, crafting strategic solutions that keep his clients’ interests at the forefront. With years of experience, Michael helps his clients negotiate and litigate in a cost-efficient manner in order to help them achieve their business goals while minimizing their legal risks.

Case Studies / Success Story:
Franchising

A client of Michael’s had a service business and wanted to offer franchises in order to fuel company growth. Michael helped guide the process from the start, helping the client comply with federal and state statutes and regulations, as well as drafting the franchise agreement and disclosure document with the client. After the successful launch of the franchise, Michael helped the client expand geographically and handle its relationships with franchisees. With the initial work establishing a solid legal foundation, the franchisor had the confidence to expand the business rapidly without exposing it to unnecessary liability.

“In the web of state and federal laws applicable to franchises, franchisors should seek counsel from a lawyer with specific expertise in franchise law early in the process.”

Financial Services, Bankruptcy, Creditor’s Rights

Michael and one of his partners defended a commodity trader that was sued for more than $19 million by the trustee in the bankruptcy of an ethanol producer. Michael and his partner obtained a partial summary judgment based on a seldom-used defense that eliminated all but a small portion of the trustee’s claim. They negotiated a resolution of the remaining claim that required no cash payment by the client.

Financial Services, Bankruptcy, Creditor’s Rights

Michael and his partners represented a lending bank’s successor in interest, attempting to collect on a multi-million-dollar agricultural loan. They litigated a number of lawsuits, including a bankruptcy case in which they successfully opposed confirmation of a plan of reorganization, due to the plan’s failure to treat the client’s claim properly. The denial of confirmation was the turning point, and Michael and his partners ultimately negotiated a resolution that resulted in the client receiving $2.4 million more than the debtors had previously offered at the beginning of the representation.

Share Button
Recent Activity
Professional Background
Admitted

Nebraska, 2000

U.S. Court of Appeals, Eighth Circuit, 2003

Education

University of Texas School of Law J.D., 2000

Augustana College B.S., Cum Laude, 1997

Accomplishments

Texas Review of Law and Politics, 1998-2000

Judicial Clerk for Justice Michael McCormack, Nebraska Supreme Court, 2000-2001

Lecturer on BAPCPA, secured transactions, judgment enforcement, FDCPA, guarantees, avoidance actions, and franchising

AV Rated by Martindale-Hubbell

Listed: “Best Lawyers in America”, Franchise Law

Professional Organizations

Omaha Bar Association

Nebraska State Bar Association

American Bar Association