In a matter of alleged professional negligence, a complaint cannot be filed without an expert’s report. At one time I viewed this requirement as just one more roadblock to seeking redress against a professional. I still feel that’s somewhat true, but I’ve also personally seen that there is a definite advantage to investing in an…

A longtime friend called for advice earlier this month, and our conversation reminded me how having an attorney review even a simple draft amended legal agreement can be so…. worthwhile. Legal review of draft agreements can be very cost-effective Business people are asked to sign agreements and legal documents on a regular basis. I am…

Cities and states are working through the reopening of businesses. And even though federal aid was made available to small businesses, it’s possible that you couldn’t tap into this cash. Or perhaps what you received just isn’t enough to cover the loss of revenue paired with updated working restrictions. We sincerely hope that you’re doing…

We’ve worked with many a prospective client who was looking to assemble a top flight team to manage a consolidation play or execute an effective roll-up strategy. When it comes to the recruiting space, we can help them find the COO, CFO, investment banker, accounting firm, marketing firm, and perhaps even the administrative assistant for…

Over the past several decades we have assisted our clients with literally hundreds of business transactions as part of our mergers and acquisitions legal services. Business acquisitions have been more numerous than dispositions, perhaps because we have been fortunate enough to help many serial acquirers buy a business. Certainly asset purchases have been more common than…

Our Ten Commandments of Business Acquisitions has been so popular that we have decided to break it down. To briefly discuss each of the Ten Commandments, and its import and impact. The Tenth Commandment: “Be Ready to Adapt” Compromise (or the appearance of compromise) is an essential negotiating skill, and as a prospective buyer you…

I’m a relationship type of person. I prefer to deal with people I can trust. My word is my bond. I’d prefer to deal with others whose outlook and approach is the same, and whose word is their bond. Not to be cynical, but even if you are like me, don’t for a minute believe…

We have assisted clients with their acquisition of ongoing businesses for several decades. We have, during that period, assisted with quite literally hundreds of business transactions, including well over 100 acquisitions. While some of our clients have been well-established businesses, we have helped individuals acquire dozens of ongoing businesses. As a general rule, our clients have succeeded with…

Here’s a situation that is all too common.  We were approached by a prospective client who owned 50% of a private business. He handled the delivery of the services. The other co-owner – who handled the books – unilaterally decided not to pay their counterpart the agreed-upon salary. Without his expected salary, he would have…

I picked up an invaluable saying at a recent memorial service. A speaker at the service told us that the deceased used to say “Doing Does It.” One of his favorite sayings. Of course it does! Actions speaks louder than words. A job begun is a job half done. The first yard is the longest yard.…

Below we have curated three articles to help you understand common business valuation terms, navigate common concerns, and learn about a recent high profile acquisition. Top 10 Business Valuation Terms Courtesy: Skoda Minotti have compiled a top 10 countdown of business valuation definitions to help business owners and attorneys gain a better understanding of key…

The venture capital world is often at odds with the goals of young startups – and in some cases, it can lead to their destruction. I recently met a guy I’ll call “Tom.” After 7 years of “blood, sweat, and instant noodles,” Tom built his startup into an exciting enterprise. He raised a hefty round…

Over the past three decades, I have advised clients in literally hundreds of mergers and acquisitions. If there is one thing I have learned from this experience, it is that performing comprehensive due diligence regarding all acquisition prospects is extremely important. Why Perform Due Diligence? First and foremost, to avoid buying businesses that are not…

Day in and day out, entrepreneurship is at the heart of everything we do. No matter their need, we’re always working on behalf of our clients. And though it’s our pleasure to delight clients with our expertise and affordability, it’s also true that their continued confidence in our abilities is fundamental to the survival and…

Over the years, the team at Calkins Law Firm has assisted many aspiring business owners to both find and buy their first business. Some of these aspiring owners know what they are looking for. Others just know that they want to own a business. After many happy pairings, we have some reflections to share. Here…

At Calkins Law Firm we firmly believe in data-driven legal methods. We like to fully understand a case before bringing a suit – no surprises are good surprises. But not every legal professional operates this way. Liability and Legal Action Years ago, a personal experience brought home the importance of digging for facts. A high-profile…

Going into a startup, co-founders are often excited, motivated, and ready to tackle whatever might come. But as time wears on and struggles arise, it is easy to lose zeal. Beginning a new business involves many risks, and disagreements can creep in under the stress of financial strain and exhaustion. At Calkins Law Firm we were…

Selecting Contingency Cases As we evaluate potential cases that folks bring our way, we want to be sure that each contingency fee case fits certain criteria to facilitate the all-around best outcome.  First, cases must be business-related. This way they relate to and effectively leverage our expertise and experience in business law. This means that…

Why It Matters We hear the term thrown around a lot, but what is a conflict of interest anyway? In this context it’s a situation that arises when a lawyer is faced with offering legal advice to multiple parties that are somehow interconnected and often opposing. Or the lawyer’s own interests might enter into the…

I recently worked with an out-of-state client who is a graphic designer. My client, we’ll call her Jane, worked as an independent contractor for a large manufacturer of gift items, such as mugs and t-shirts. This company, we’ll call them The Company, had filed an arbitration demand seeking to terminate its relationship with her. The…

While Representations, Warranties and Indemnification are Essential in an Purchase Agreement, There’s No Substitute for Thorough Due Diligence When Buying a Business When you buy a used car do you rely exclusively on the seller’s warranty or do you have the vehicle checked out by your mechanic before buying it? I always prefer to have…

Not too long ago a client called to ask about a bill they received. They inquired as to whether the invoice was correct, and made it clear that they had expected to pay less. On our end, everything was squared. The client called and asked us to assist with a matter and a couple of…

Yes! Explore Settlement of Commercial Litigation Early On and Repeatedly Thereafter Recently a client who CLF’s team of attorneys is representing in connection with a lawsuit with respect to one of his businesses and a former employee of that business asked us whether we thought we should explore settlement of the lawsuit. Several of the…

While Representations, Warranties and Indemnification are Essential in an Purchase Agreement, There’s No Substitute for Thorough Due Diligence When Buying a Business When you buy a used car do you rely exclusively on the seller’s warranty, or do you have the vehicle checked out by your mechanic before buying it? I always prefer to have…

Avoid Commercial Litigation, or Be Prepared For It, By Carefully Documenting All Incidents While commercial litigation is wonderful business for our new model law firm, we will always do our level best to assist clients to avoid controversies, or at least resolve them short of litigation. Carefully keep records to be prepared if commercial litigation ever…

Superior Information Can Give the Prospective Acquirer the Upper Hand in Negotiating a Business Acquisition We were asked recently, “What is it that gives one party the upper hand in negotiating a business acquisition?” Is it “attitude,” or “touch,” or “feel”? Is it, perhaps, bravado, bluster, false pretense? Decades of experience in mergers and acquisitions…

At Calkins Law Firm, our client’s best interest is always top of mind. This is especially true when it comes to determining a fair and realistic settlement. We research claims and draft demand letters with this express purpose in view.  In fact, before we even agree to pursue a claim on a client’s behalf, we…

We’ve said it before: procrastination is no formula for success, whether in business or business law. But there’s certainly no shortage of procrastinators out there in the business law arena.  Business owners often don’t want to invest in the time and support of a business law attorney. The typical business owner would often prefer to…

Without divulging confidence, I am aware of a recent case where the defendant’s trial lawyer told him that he had absolutely nothing to worry about. The plaintiff’s arguments were both false and inherently unbelievable, so the defense attorney said that they did not need to be taken seriously or defended against. I am here to…

I’ve been at my law practice for a while now. After the years of requisite training in law school–where I excelled in work that involved civil procedure, evidence, federal courts, etc.–I then spent two years working fulltime as a clerk for a federal judge. Having now practiced law for over 30 years, I’ve been near…