M&A: How to Maximize Your Return When Selling Your Business
As a family or private business owner, you know how to sell your product or service. But do you know how to sell the company itself? Selling a business that has been built over the years is emotional and stressful, and for most business owners, a once-in-a-lifetime event. Many privately held Continue Reading
What Employers Must Do Now to Prepare for the Inevitable Increase in the Minimum Salary Level for Exempt Employees
By now it is clear that the federal Department of Labor fully expects to approve and implement wage-and-hour changes that will significantly increase the number of workers eligible for overtime pay. The DOL, in keeping with the Obama administration’s desire to see wages rise generally, has announced Continue Reading
M&A: Facilitate Deal-Making through the Use of Representation and Warranty Insurance
In this frothy, seller-driven M&A market, representation and warranty insurance can help bridge the gap between a buyer and seller and facilitate deal-making. In M&A transactions, a seller seeks to limit the extent to which a buyer will have recourse to a seller after consummation Continue Reading
“Want Coke? Buy Pepsi!” Is This Confusing?
Suppose you walk into a greasy cheeseburger joint and ask for a Coke®. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the Pepsi®. Does Coke have a claim that you were confused into buying Pepsi? That Continue Reading
New Pennsylvania Law to Simplify Entity Transactions
Pennsylvania’s new Entity Transactions Law is expected to streamline the process of effecting certain fundamental changes or change of control transactions. Effective July 1, 2015, companies doing, or wishing to conduct, business in Pennsylvania will now be able to seamlessly complete certain Continue Reading
Six Tips for Generating Buzz Without Getting Stung
A good marketing department knows how to generate product “buzz” by leveraging external influencers and promotions. The challenge for the company is to avoid being stung by the FTC’s recently published Endorsement Guides (the “Guides”), or older regulations. Influencers can be consumers, Continue Reading
State Toughens Spill Reporting Requirements
Connecticut’s spill reporting thresholds have been lowered, so you may now need to report releases that would not have triggered reporting requirements in the past. The changes to the "Significant Environmental Hazard" Law took effect on July 1. The Connecticut Department of Energy and Environmental Continue Reading
FTC Eyes Kickstarter Campaigns for Consumer Protection
Most Kickstarter projects never reach the funding threshold, so funders never pay anything into the venture. However, as shown by recent enforcement action, agencies such as the FTC (Federal Trade Commission) have become interested in the 37% that do receive funding. Those using crowdfunding Continue Reading
New Delaware Law Invalidates “Fee-shifting” and Validates “Forum-selection” Provisions
The legislation signed into law last week responds to the Delaware Supreme Court’s decision in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) in which the Court upheld as facially valid a nonstock corporation bylaw imposing liability for the corporation’s legal fees on members who Continue Reading