Consider a Business Valuation Before Starting Negotiations to Sell Business

If you are contemplating the sale of your small business or start-up, then you should consider procuring a valuation of your business before you enter into any negotiations. If you are reluctant to invest in such a valuation, consider this: would you enter into negotiations to sell your most valuable personal asset–which for most would…

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Why it Pays to Take the Time to Review Disclosure Schedules

If you are in the middle of negotiating an asset purchase deal, you are likely to come across a number of pages that are labeled as “disclosure statements” or “disclosure schedules.” If you are a small business owner or entrepreneur, you are likely to glance right over these blank pages and ignore them entirely, and…

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The Dangers of Accepting an Earn-Out When Selling Your Business

If you are an entrepreneur, start-up, or small business, it is highly likely that you looking to sell all or part of your business.  In my career, I have worked with numerous entrepreneurs, start-ups and small businesses who consulted me about a deal proposal they received.  In the majority of these cases, the first proposal…

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To Cut Legal Costs, Start With Taking a Hard Look at Your Business Partners

If your business is like most, you currently work with one or more really difficult customers or clients, whether because you currently generate significant revenue from that customer or client or because you anticipate generating significant revenue from that customer or client in the future.  But is this really the right strategy for your business? …

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Choosing the Right Partner for an IP Purchase Transaction

If you are looking to buy or sell IP, have you ever taken the time to consider what qualities will make a prospective partner a good candidate for a deal?  I recently looked at this issue in a Silicon Valley IP Licensing Law Blog Posting: Taking Time to “Date” Before Pursuing an IP Acquisition “Marriage”.

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The Challenge of Negotiating Price Terms as a Start-up or Entrepreneur

In my capacity as a transactional attorney working alongside many entrepreneurs, start-ups, and small businesses, I get often get brought into to provide legal support to deals that never close.  While there may not be a single, uniform reason why these deals are not closed, I often suspect that the primary reason had to do…

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Is Another Tech Bubble Emerging in Silicon Valley?

A debate seems to be developing as to whether or not the Silicon Valley has a tech bubble emerging.  An increasing number of commentators are raising issues about tech company valuations, spending by VC-backed companies, and the excess of capital in the market.  The question  for all of us is what this means exactly for…

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What Makes a Successful Start-up?

This is an interesting Forbes opinion piece on what makes the few start-ups that succeed different than the majority that fail.  As a lawyer representing many entrepreneurs and start-ups, I think understanding the market and having a good grasp of how to market to potential customers is critical.  I also think that you have to…

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