When it comes to creating a business entity, most business owners opt to go with an LLC. However, every business has different needs, circumstances, and goals. An LLC may not necessarily be the best entity to go with for all business owners. Before deciding to form an LLC, it’s important to learn what the advantages…

I can tell you from experience – both my own experience and the experience of others with whom I have spoken over the years – get it in writing. Get it in writing – or wish you had. I was reminded recently of what too often happens when plans and arrangements and understandings are NOT…

Perhaps Kenny Rogers said it best, in his epic song “The Gambler.” “You got to know when to hold ’em, know when to fold ’em, know when to walk away, know when to run.” Every business owner wrestles with the age old question: When Is the best Time to Sell My Business? Obviously the answer to…

12 Ways to Cope with Debt and Keep Your Business Alive Be Honest Get in touch with creditors, customers, and vendors and let them know that you’re in financial distress. This one move could buy you time, or at least make all parties aware as the first step to a sustainable payoff plan. Customers who…

What is the definition of breach of contract? At its core, breach of contract means breaking the terms of a written or verbal agreement. Breach of contract sounds pretty straightforward. Either you do it or you don’t. What Is a Fundamental Breach of Contract? The most obvious type of breach of contract is a fundamental…

Starting and running a business can be challenging. Business owners have to manage employees, ensure excellent customer service, work on marketing, and more. Among all the chaos, business owners tend to neglect the legal aspects of their business, which ends up hurting them in the long run. Here are seven common business legal mistakes you…

In our season kickoff – back in person – we’ll hear from John Dijulius. Ticket includes breakfast, networking opportunities, and a Q&A. About this event About John DiJulius John DiJulius is redefining customer service in corporate America today. He didn’t read the books on customer service, he wrote them. One of the most captivating and…

In connection with commercial litigation, it will often become necessary to hire a “damages expert.” The damages expert will familiarize him or herself with the facts of the case and the underlying claim, and then develop an estimate of the value of the claim, also referred to as “damages.” A damages expert can be essential,…

One of the worst things that business owners and professionals can face is litigation. The problem with litigation is that it can be very costly and time-consuming. It is also mentally and emotionally taxing, which is why most people prefer to avoid it. This is where alternative dispute resolution (ADR) comes in. An increasing number…

Let’s get into the fascinating world of discovery. I remember my initial experience of the term like it was yesterday. During my early years in private law practice I assisted the seasoned attorneys with discovery. It sounded beyond exciting, as if we’d be tackling fast-paced scientific exploration, investigating stem cell research, or doing something even…

About John DiJulius John DiJulius is redefining customer service in corporate America today. He didn’t read the books on customer service, he wrote them. One of the most captivating and charismatic speakers today, John’s keynotes and workshops are used by world-class service companies to provide unforgettable customer service every day. In his high-energy presentations, he…

What is a contract? A contract is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law recognizes as a duty. In other words, a contract is a promise that is enforceable by law. What are the requirements for proving the existence…

Contracts are used in business to create legally binding agreements between parties. Violating any of the conditions or terms of the contract is referred to as a breach of contract. A contract breach can result in a civil cause of action that may result in a variety of damages, including monetary damages and specific performance.…

We live in a society that’s familiar with the legal process, but most everywhere we look we see a version of the legal world that isn’t true to reality. A key player in this misleading charade is the “big win.” Entertainment plays it up, as do sensational news stories. After so much exposure to the…

Finding a Business Acquisition By Creating a Deal Magnet Recently a prospective client approached me for help with a business acquisition he hoped to make. The prospect had yet to identify a suitable opportunity but knew he wanted to acquire a manufacturing business. He spoke as well of forming a search partnership to make several…

With any business acquisition, we can recommend and prepare a comprehensive business acquisition strategy. At the top of the to-do list is a thorough consideration of all tax-related aspects of the contemplated business acquisition. This consideration should precede drafting a letter of intent. Over the years, I have observed that many clients will proceed to draft…

For some buyers, but not most, buying a distressed or troubled business can be the right move. Buying distressed businesses is a risky acquisition strategy – but with potentially great rewards. Recently a client of mine bought a business that was so troubled that it had been shut down altogether and “mothballed.” My client knew…

It occurs to me that when you search for an acquisition opportunity, it is very important to be both thoughtful and systematic. After a great deal of thought, determine what type of business you seek to acquire and why acquiring such a business makes sense for you.  As part of this process, I recommend creating…

I have assisted with many business acquisitions over my decades practicing business law, most of it focused on business transactions. Along the way, I have helped literally dozens of clients and budding entrepreneurs acquire their first businesses.  In most of these cases, I also helped the client identify the acquisition opportunity. I list below a…

I recommend that letters of intent, and term sheets, that cover all of the major business points concerning the contemplated transaction, be sufficiently detailed. Why? Because unless there is a fundamental agreement regarding the important business points between or among the parties to the transaction, there is little to no legitimate reason to invest additional…