Conducting due diligence is a common practice in the business and legal industries, but what is it and why is it considered necessary in establishing workable relationships? It is a comprehensive, systematic investigation of a business, investment, or legal partner to evaluate legal risks, verify financial data, and confirm operational realities before finalizing a deal.…
Continue reading ›You received counsel from a business lawyer when you started your business, to draft the agreements, obtain the necessary licenses, and choose the right organizational structure. Now you are ready to expand your business to serve more customers and increase your profits. You are now an experienced businessman so you should be able to do…
Continue reading ›If you are considering purchasing a business or a merger with another business, maybe you are thinking you can handle the whole transaction with one comprehensive contract. Something like Congress did with the One Big Beautiful Bill. Hold on. That is a bad idea for two main reasons. First, when the contract is completed and…
Continue reading ›When business costs continue to rise, your first thought might be to look for expenses where you can make cuts to keep your bottom line profitable. This is a common scenario for all businesses, whether you are managing a startup or a public company. The choices are usually hard, because cost cutting can bring negative…
Continue reading ›Has your company ever been denied access to banking or other financial services for any reason other than standard credit risk criteria, violation of terms of service, or excessive unexpected activity? Such practices are now illegal. This practice is called debanking and often occurs without a clear explanation to the customer, leaving individuals or businesses…
Continue reading ›A U. S. Government Accountability Office (GAO) study, released in January of 2023 found that “Third-party litigation financing (TPLF) is an arrangement where a funder that is not a party to a lawsuit agrees to provide funding to a litigant (typically a plaintiff) or law firm in exchange for an interest in the potential recovery…
Continue reading ›After a few years of declining merger and acquisition (M&A) activity, transaction volume is beginning to rise again, making this an important time for companies to prepare for potential deal opportunities. Whether a company intends to expand through acquiring additional products or services or seeks to combine with a complementary business, preparation is essential to…
Continue reading ›Shareholders of public companies do not manage the day-to-day operations of a company, but they retain one of the most important governance rights—the ability to elect members of the Board of Directors. Through informed voting decisions, shareholders influence corporate strategy, oversight, and long-term policy direction. The number of directors and the length of their terms…
Continue reading ›Whether you are launching a startup or expanding an established business, the need for outside financing often arises at critical moments. You may be seeking capital to bridge a temporary slowdown, fund growth initiatives, or pursue new market opportunities. Regardless of the reason, securing outside investment requires careful preparation and a strategic approach. Investors expect…
Continue reading ›What Are Valuation Strategies in a Merger? When companies decide to merge, one of the most critical—and often contentious—issues is determining the value being exchanged. While it may seem like a straightforward financial exercise, company valuation is rarely simple. Multiple valuation methodologies exist, and parties often disagree over which factors deserve the greatest weight. Differences in…
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