News & Analysis as of

Selling a Business

Mayer Brown

A Delaware Law Alert: M&A Disputes

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Two recent Delaware Superior Court opinions are essential reading for M&A practitioners drafting language with respect to how disputes related to purchase price adjustments, earnouts, and other accounting-related...more

PilieroMazza PLLC

[Webinar] Navigating M&A in the Manufacturing Industry: Strategies for Success - October 17th, 2:00 pm - 3:00 pm ET

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If you’re a government contractor in the manufacturing industry looking to buy or sell your business, there are specific concerns you should be aware of to protect your interests. This webinar will guide you through legal and...more

Mandelbaum Barrett PC

Designing Your Exit: Strategic Planning for Entrepreneurs

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As an entrepreneur, planning your exit strategy is as crucial as growing your business, and recent observations by Forbes estimate that only about 30% of business owners successfully sell their businesses. A carefully crafted...more

IR Global

Business Advisor Testimonial: The Diverse and Rewarding Work of a Succession Planner

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In a recent video testimonial, a seasoned succession planner Jeff Faulkner with The Rawls Group shared insights into his experience working with a long-time client, who, after exhausting various succession alternatives,...more

Procopio, Cory, Hargreaves & Savitch LLP

8 Steps to Take Before a Successful M&A Exit

Most entrepreneurs dream of someday selling their company. There are several steps they should be taking well in advance to ensure a profitable exit. Procopio Partner Bill Eigner identified 8 key steps business owners should...more

Womble Bond Dickinson

Earnout Deals Surge in Uncertain Times – What M&A Professionals Need to Know About Earnouts

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The M&A market has witnessed a major increase in the use of earnout deal terms after 2021. The number of deals with earnout provisions jumped from around 20% in 2021 to 33% in 2023....more

IR Global

Boost Client Acquisitions: A Guide for Business Advisors

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As a business advisor, understanding the succession process for business owners can significantly benefit your ability to attract and build a business owner practice successfully. Long-term thinking can be complex for some...more

Kerr Russell

Preparing Your Business for Sale

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The sale process can be a long, stressful, physically and emotionally draining, and disruptive to ongoing business operations. Planning well in advance of the desired sale date and engaging experienced professional advisors...more

Mandelbaum Barrett PC

The Current State of the Veterinary Industry: Independent Practice Sales to Corporate Consolidators

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Over the past few years, significant shifts have occurred within the veterinary field, especially when it comes to veterinary practice ownership. Independent veterinary practices have increasingly been sold to corporate...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement

In Samuelian v. Life Generations Healthcare, LLC, — Cal. App. 5th —, 2024 WL 3878448 (Cal. App. Aug. 20, 2024), the California Court of Appeal answered two long outstanding questions of California law concerning the...more

DarrowEverett LLP

Maximizing Value: The Art of Purchase Price Allocation in Real Estate Deals

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When a business is sold, the most important overall aspect of negotiations between a cautious buyer and determined seller may be due to the agreed-upon purchase price for the business. However, when the buyer is purchasing...more

Haynsworth Sinkler Boyd, P.A.

To Non-Compete Agreement or to Not? That is the Question

The Federal Trade Commission's Non-Compete Clause Rule proposed in January 2023 that we have previously written about becomes effective September 4, 2024, and invalidates most noncompetition agreements on or after the Rule's...more

Bowditch & Dewey

Top Considerations When Preparing to Sell a Company

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Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work...more

Rivkin Radler LLP

NY Court Finds Unlawful Fee Splitting in Practice Acquisition

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The prohibition on fee splitting by professionals is alive and well in New York. The sale of a dental practice from one dentist to another was found to violate the state’s prohibition against fee splitting because the...more

Allen Barron, Inc.

Preparing to Sell Your Business

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There are several steps to follow when preparing to sell your business. It is important to allow plenty of time for planning and organization, as the process will usually require many months to a year or more. Why does it...more

Stevens & Lee

Key Considerations in Utilizing a Letter of Intent in Health Care Transactions

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A letter of intent (LOI), expression of interest (EOI) or term sheet is typically the first substantive document in the life of a transaction (noting that, oftentimes, parties will sign a nondisclosure agreement prior to...more

Fox Rothschild LLP

A Tax(ing) Return: Sale of Prep Franchises Fails and Remaining Assets Come Back

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In a dispute about tax preparation businesses that one member of Compass Tax Services LLC was selling to the entity, precious little was for certain. Even the parties’ agreement lacked clarity about whether Compass Tax, or...more

Tonkon Torp LLP

You’re Not the Boss Anymore

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It’s nice to get paid. Giving up control of your business? Well… that’s a different story. On closing the sale of a business, owners realize a dramatic financial return on their investment. However, few buyers are willing to...more

Tonkon Torp LLP

Understanding Rollover Equity

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For the right transaction, a rollover of equity can add value for the buyer and the seller. Rollover equity is ownership in the buyer or its affiliates that is issued to a seller as payment for all or a portion of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

Morgan Lewis

Preparation is Key When Selling a Business: What to Know

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After years of dedication to building a business, the time has come to consider selling. The process of selling can be complex, but taking the time to prepare before listing a business for sale or engaging with potential...more

Vicente LLP

Maryland Legislative and Regulatory Changes Impacting the Cannabis Industry

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June has been a busy month for the cannabis industry in Maryland! Read on for updates regarding statutory and regulatory changes that will shape the industry moving forward. The most significant developments include: ...more

Goulston & Storrs PC

Key Takeaways: 2023 ABA Private Target Mergers & Acquisitions Deal Points Study

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The Private Target Mergers & Acquisitions Deal Points Study (“the Study”) is published on a bi-annual basis by the Market Trends Subcommittee of the ABA Business Law Section’s M&A Committee, which I am happy to serve on. The...more

Stradling Yocca Carlson & Rauth

Representation and Warranties Play a Crucial Role in Business Transactions

Representations and warranties play a crucial role in business transactions and are commonly used in merger and acquisition agreements to allocate risk between sellers and buyers. Accurate representations and reliable...more

Bradley Arant Boult Cummings LLP

Cashing In, But Without Fully Cashing Out: Liquidity Options for Private Company Majority Owners

Business owners of private companies invest huge amounts of time and resources in their business, which may include the bulk of their financial capital. For owners who do not want most of their net worth to remain tied up in...more

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