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Nicholas K. Niemann

Nicholas K. Niemann

AttorneyChair, Family Businesses Practice Group

When a business succeeds, so do its employees and their families.  This fact has motivated Nick to work with McGrath North and community leaders and entrepreneurs to build jobs and develop industry-leading companies.  This passion for helping businesses succeed led him to designing Nebraska’s leading state tax, incentive and economic development programs and also participating in an international movement for innovating and creating new business models.  As a member of the Council On State Taxation, he has become a leading Nebraska state and local tax and incentives attorney. As a long time business continuity attorney, he has also developed specific protocols for business continuity, succession and exit planning and has worked with more than 900 CEOs around the country to help build a strong economic future for companies and the families which count on them.

Nick has developed four principal areas of practice while with McGrath North.

State and Local Tax and Incentives
As a Nebraska State Tax attorney, Nick has been working for over 37 years with company executives, tax and legal personnel and their outside CPA firms and legal counsel from around the country to address Nebraska state and local tax planning strategies, Nebraska tax disputes (audits, claims, appeals and settlement), and Nebraska tax incentives and business incentives.

Nick has been selected by The Best Lawyers in America  “Lawyer of the Year” for Tax (Omaha 2019) and Litigation and Controversy – Tax (Omaha 2015).

Nick was the principal designer and drafter of most of Nebraska’s economic development tax incentive programs (e.g. 1987’s LB775 Employment and Investment Growth Act, Nebraska’s Capital Gain Exclusion, Nebraska’s Single Factor Apportionment Formula, Nebraska’s Personal Property Tax Exemptions, Nebraska’s Manufacturing Sales Tax Exemption, and 2005’s LB312 Nebraska Advantage Programs).  These programs have created over 100,000 new jobs and $25 billion of capital investment in over 850 business expansions.  He designed and drafted a number of Nebraska’s tax statutes, as well as the constitutional amendment to fix Nebraska’s property tax system.

Nick has been selected by the Great Plains Federal Tax Institute each year since 2002 to present the State Tax and Economic Development segment of its annual regional conference.  Nick’s Nebraska state and local tax (SALT) practice has been enhanced by his membership as a Nebraska state tax attorney with the Council On State Taxation (COST) and Nebraska Society of CPAs.

For Nick’s full State Tax profile, click here.

For more information on our State Tax and Incentives Practice, see www.NebraskaStateTax.com and www.nebraskaincentives.com

 

Business Owner Succession and Exit Planning 
Nick works with business owners around the country to address their Succession Planning and Exit Planning through the design and implementation of business owner Buy-Sell Agreements, Succession Plans and Exit Plans.

As a Succession Planning and Exit Planning attorney, he has authored books on Succession and Exit Planning (including his latest book, “Fourth Quarter First”).

For more information on the work Nick is doing with business owners, see FourthQuarterFirst.com.

Business Planning and Design 
Nick is the first Nebraska attorney to be recognized by “Best Lawyers in America” for Closely Held Companies and Family Business Law.  His in depth understanding of Business Model design and innovation (developed as a co-author of the internationally acclaimed Business Model Generation program) enables him to bring business reality to his legal work with business owners and executives in various areas of business design, operations and planning.

By understanding the 9 components to every Business Model, he brings unique insights in designing and structuring business start-ups, in helping companies to re-invent themselves, and in addressing business agreements, joint ventures, business development, company sales, mergers and reorganizations.

Nick has been called on by business, industry and professional associations and organizations in over 100 cities around the U.S. and Canada to speak to their groups on Business Model design and innovation.  His newest book, “The Business Model Myth Solution”, identifies the 7 root forces behind the culture and leadership mindshift which all organizations need to unleash to create lasting business model success today.

Family Estate Planning 
As an Estate Planning attorney, Nick works with families to protect their hard earned savings.  He has authored a family-centered book on Estate Planning.

Nick has practiced Estate Planning for over 37 years.  While in Law School he won the Senior Estate Planning Contest and has served as an Adjunct Faculty member teaching Estate Planning at the Creighton Law School.

For more information on Nick’s Estate Planning practice, see www.ProtectingOurFamily.com.

Education
  • Creighton University School of Law (J.D., Magna Cum Laude, 1981)
  • Creighton University College of Business (B.S.B.A., Summa Cum Laude, 1978)
Admissions
  • Nebraska (1981: Sustaining Member)
  • Nebraska State Lobbyist (1987)
  • U.S. District Court, District of Nebraska (1981)
  • U.S. Court of Appeals, Eighth Circuit (1981)
  • U.S. Tax Court (1981)
  • U.S. Court of Federal Claims (1985)

News

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08/20/2024

McGrath North Celebrated in the 31st Edition of The Best Lawyers in America® and the Fifth Edition of Best Lawyers: Ones to Watch®

McGrath North is proud to announce that it has achieved significant recognition in the latest editions of both The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. In the 31st edition of The Best Lawyers in America®, 45 of our attorneys have been honored across 60 distinct practice areas, showcasing the firm’s deep expertise and commitment to delivering exceptional legal services.  


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06/12/2024

McGrath North is Recognized as a Top-Ranked Firm in Chambers USA 2024

McGrath North is once again proud to announce that 22 of our attorneys have been recognized by Chambers USA – America’s Leading Lawyers for Business in their respective legal practice areas. Additionally, our firm's expertise is showcased with 8 core practice areas ranked for excellence.  


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Events

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11/05/2020

15th Annual Seminar For Accounting Professionals

 


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10/26/2020

Nebraska Tax Incentive Briefing: Whether to Deploy the Grandfather

 


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Publications

More Publications
11/21/2024

Navigating The 3 Inevitable Exits Every Family Business Leader Will Face

With all of the “New World” problems that were closing in on an “Old World” industry, Niccolo decided it was probably a good time for him to step back and let a younger generation take the company forward to find new solutions. At age 68, Niccolo knew this was a risk. But he decided it was a calculated one. So he divided the company ownership amongst his 3 children – Piero, Lodovico and their sister, Ilaria. Piero was the oldest son. Since he had been more involved in the vineyards, he received about a 20% greater interest in the business than the others.  


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7/29/24

Create An Advisor Team Which Collaborates

One of my favorite TV shows as a young boy was Mission Impossible. The show always began with Jim Phelps deciding to accept the mission and then selecting the team needed for that specific mission from his Impossible Mission Force portfolio. Fourth Quarter Planning happens in much the same way.  


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  • Nebraska & American Bar Associations
  • Nebraska Society & American Institute of CPAs
  • Council On State Taxation (COST)
  • Vistage International Trusted Advisor Board
  • Vistage International National Resource Speaker
  • Business Enterprise Institute (Exit Planning)
  • Exit Planning Institute
  • Financial Planning Association of Nebraska
  • Omaha Chamber of Commerce Headquarters Target Advisory Board
  • Nebraska Chamber of Commerce Tax Council
  • National Speakers Association
  • Certified Public Accountant (CPA-Inactive Registrant)
  • Adjunct Professor, State Tax, Creighton University School of Law
  • Adjunct Professor, Estate Planning, Creighton University School of Law
  • Lifetime Fellow, Nebraska State Bar Foundation
  • Great Plains Tax Institute – Speaker, State Taxation and Economic Development (2002 – 2013)
  • Council On State Taxation – Speaker, State Taxation (2012)
  • Tax Executives Institute – Speaker, State Taxation (2012 – 2013)
  • Nebraska Society of CPAs – Speaker, Various State Tax and Succession Planning Programs
  • Listed:  “Best Lawyers in America”, Business Organizations (including LLCs and Partnerships), Closely Held Companies and Family Businesses Law, Litigation and Controversy – Tax, Tax Law, and Trusts and Estates
  • “Best Lawyers in America”, Omaha Lawyer of the Year, Closely Held Companies and Family Businesses Law, 2020
  • “Best Lawyers in America”, Omaha Lawyer of the Year, Tax Law, 2019, 2021
  • “Best Lawyers in American”, Omaha Lawyer of the Year, Litigation and Controversy – Tax, 2015
  • Ten Outstanding Young Omahans Award
  • Book Author:  “The Next Move For Business Owners”  (Succession and Exit Planning)
  • Book Author:  “The Next Move For Families” (Estate Planning)
  • Book Author:  “Exit On Your Terms” (Exit Planning)
  • Book Co-Author:  “Business Model Generation” (Business Strategic Planning)
  • Book Author: “The Business Model Myth Solution” (Business Strategic Planning)
  • Listed: Martindale-Hubbell, AV/Preeminent Rating
  • Listed: Chambers USA, America’s Leading Lawyers for Business (Nebraska, Tax – Band 1)