Joseph M. Wiltse

Associate

wiltsej@ballardspahr.com
Tel 605.978.5237
Fax 605.978.5225
Sioux Falls

Joseph Wiltse practices in the areas of corporate and business law, mergers and acquisitions, and real estate. He represents startups, established family and owner managed businesses, entrepreneurs, private equity companies, and individuals in various industries, such as real estate, manufacturing, hospitality, healthcare, agri-business, consumer products, and renewable energy. He advises and represents clients in activities such as acquisitions and dispositions of businesses and assets, mergers, entity formation, private securities offerings, disclosure matters, financing transactions and commercial lending, the Uniform Commercial Code, real estate transactions, commercial transactions, licensing, contracts, employment matters, risk management, and issues relating to corporate governance.

Joseph has significant experience assisting with the formation, organization, and governance of corporations, nonprofit organizations, limited liability companies, joint ventures, and limited and general partnerships. He has assisted his clients with business relationship documents such as shareholder agreements, operating agreements, member control agreements, partnership agreements, joint venture agreements, employment agreements, and consulting agreements. Joseph acts as outside general counsel to clients advising on various matters and coordinating the Ballard Spahr team of lawyers.

More recently, Joseph has focused on counseling sponsors and others on the structuring and establishment of Qualified Opportunity Funds, an advent of the Tax Cut and Jobs Act of 2017, to invest in projects located in Qualified Opportunity Zones across the country.

Representative Matters

  • Represented several major real estate developers and contractors with regard to equity financing options, private equity offerings, investor relations, contract negotiations, and overall structure and governance matters
  • Represented a mobile application company in a preferred equity offering
  • Represented multiple entities in the formation of condominium or housing associations
  • Represented an international retailer in entity restructuring and trademark issues
  • Represented several private medical practices in the drafting of employment agreements, non-compete and confidentiality agreements, separation and release agreements, and overall structure and governance matters
  • Represented dozens of entities in the acquisition of businesses, including medical and veterinary practices, manufacturers, retailers, and hospitality services
  • Represented dozens of entities in the disposition or merger of their businesses, including manufacturers, retailers, hospitality services, insurance agencies, and medical practices
  • Represented startups, private equity companies, and established businesses with regard to equity financing options, private equity and debt offerings, and overall structure and governance matters
  • Represented sponsors on the structuring and establishment of Qualified Opportunity Funds

Professional Activities

South Dakota State Bar Association

Second Judicial Bar Association

Recognition & Accomplishments

Named a Great Plains Rising Star, 2017-2019

Speaking Engagements

"Prevention Is Key - Staying out of Legal Trouble - Key Strategies to Avoid General and Employment-Related Litigation Claims, as well as Corporate and Transactional Tips to Keep Your Company Ahead of the Curve," 2019 South Dakota Manufacturers' Day Summit, September 12, 2019

"Best Practices for Employee Handbooks," 2017 Lindquist & Vennum Employment Law Seminar, November 2, 2017

"Raising Small Business Capital Through a Securities Offering" at The Bakery in Sioux Falls, South Dakota, November 17, 2016

"Starting a Business – The Legal Perspective" at The Bakery in Sioux Falls, South Dakota, August 24, 2016

Community Activities

Sioux Empire Community Theatre, Board of Directors, Vice President

University of South Dakota School of Law (J.D. 2014, high honors)

President, Class of 2014

University of Sioux Falls (B.A., cum laude, Political Science and Communication Studies & Theatre, 2010 )

South Dakota

U.S. District Court for the District of South Dakota