Starting a business is an exciting venture, and embarking on this journey with a friend amplifies your shared enthusiasm and vision. After all, if you have a strong personal relationship, it should be able to withstand the ups and downs of business ownership, right? Before diving in head first, acknowledge that along with the promise of success, challenges and disagreements will be inevitable. To ensure a Read More
Fortifying Your Defense with Documentation
In a world where dispute is inevitable, an unassailable defense can often be the ultimate differentiator. To preemptively build a robust shield against potential litigation, professionals and business owners must embrace the arts of documentation and preservation. With the right document preservation strategies in place, your organization can pave the way for a compelling defense, safeguarding its integrity and Read More
Defending Yourself in a Contract Dispute
Contract litigation can make or break your business, regardless of your size. But there are ways to mitigate the risks even before they arise with experienced legal guidance and effective contract practices. In the event that you face a contract lawsuit, there are steps you can take that will improve your chances of a positive outcome and protect your business from unnecessary costs. Establishing a Read More
Knowing When to Knock on the Courthouse Door
Speaking on the uncertainties of absinthe, Oscar Wilde quipped that “After the first glass, you see things as you wish they were. After the second, you see things as they are not. Finally, you see things as they really are, and that is the most horrible thing in the world.” Wilde’s experience, however, is not limited to absinthe. As many a business can relate, a failing contract can have much the same effect, as the Read More
Investigating The Investor
Newspapers are filled with stories about unwary investors misled by duplicitous CEOs and corporate founders. But what is far less covered is the unreasonable or bad faith investor who peppers all levels of the organization with demands for information, who panics over every change in the marketplace or the business plan, who doesn’t trust management, who poisons fellow investors against the company, who tries to Read More
Seeing the Forest and the Trees: Six Tips for Effective Due Diligence
In Alice’s Adventures in Wonderland, Lewis Carroll created a topsy-turvy world peppered with riddles and puns. That world may feel familiar to anyone who has gone through the due diligence process, where opportunities for misunderstandings are rife. The goal, however, of due diligence is to demystify and clarify, which can best happen when the parties rely on process, structure and well-articulated expectations Read More
The Ghost of Transactions Past: How Successor Liability Can Haunt the Present and Future of Your Business
Running the numbers, modeling markets and demand, and planning growth and profitability are common exercises for any acquisition. But in the excited rush around making the next big purchase, businesses sometimes neglect the trail of sticky and costly problems that can tag along with a deal, frequently expressed in the form of successor liability. Understanding how liabilities can follow an asset through the door–or Read More
Due Diligence Can Make or Break Your M&A Deal
When you’re selling a business, high-quality due diligence is essential to keeping both sides happy. Buyers want to ensure that your business really is what was agreed upon, and if provided poorly conducted due diligence, could back out of the deal. Sellers should ensure that they’re following these guidelines to prevent a deal from falling through. Conduct an Audit Buyers are primarily interested in confirming the Read More
The 5 Habits of Highly Effective Contracts
While no business can remove itself entirely from the risk of litigation, a well-written contract can certainly help. Your contracts should always serve your business, your relationships, and the deal at hand by providing both protection and a set of terms that clearly define the agreement. With these aspects of a quality contract in mind, you’ll be able to handle business disputes in the best way possible - Read More
Take Care of Your Business Disputes Before They Get Out of Hand
Disputes between business associates can get out of hand quickly, and potentially spell the end for your business if not handled with the urgency and care they demand. These disputes frequently stem from disagreements about the future path of the business, or an owner acting in a manner which causes distrust between partners. However they may arise, resolving these issues in one way or another is critical to the Read More
