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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Challenging the Silicon Valley Belief in the Necessity of Venture Capital

I would argue that there is a widely held belief among entrepreneurs in Silicon Valley that you can’t build a successful company without venture capital money.  However, the average company in Silicon Valley or the rest of the United States never receives an investment of venture capital.  Are the companies launched without an investment of…

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Do entrepreneurs focus excessively on landing venture capital?

In my work with entrepreneurs and new business ventures, I am often surprised to find how many of them are convinced that they cannot build a business without venture capital financing and how few of them have even considered the idea that there might be very good reasons why they should not pursue venture capital…

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Tax Considerations to Contemplate in Structuring Start-up Business

If you are contemplating how to structure your new business as an entrepreneur, you may want to think ahead to the day when you will be able to sell off the business you have built and consider the linked article below which discusses the tax consequences of selling a small business: Tax Death When Selling…

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Responding to an Infringement Letter as a Start-up

If you receive an infringement demand letter as a start-up, is the best response a combative response? I discussed this issue in the Silicon Valley IP Licensing Law Blog in the context of a start-up CEO who won a patent infringement suit against an alleged patent troll at the link below: Should You Follow the…

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Choose the Name of your Start-Up Wisely

When you decide to start a business, or get “pushed” into it as many people are when their salaried job suddenly disappears, it’s easy to overlook the importance of choosing a name among all the other decisions you are having to make.  In my recent blog post to Silicon Valley IP Law Blog, I addressed…

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Has Your Start-Up Lost its Focus Over Financing?

As anyone who has ever started a business well knows, one of the great challenges is to stay on focus and avoid distractions that create barriers to your success.  But in Silicon Valley, it is not uncommon at all to see entrepreneurs who seem to have lost their focus and who are chasing goals other…

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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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