
DUE DILIGENCE: BEGIN WITH THE END IN MIND
Confirmatory (final) due diligence in M&A transactions begins…

NAVIGATING THE ACQUISITION AGREEMENT MIND
Negotiating an Acquisition Agreement involves a complex legal…

BEATING DOUBLE TAXATION USING PERSONAL GOODWILL
What should matter most to a seller of a business are the after-tax…

CLARIFYING THE SELLER’S GOALS AND REALISTIC EXPECTATIONS
Sell transactions require open communication between the seller…

THE BLIND SPOT!
In M&A deals, the buyer is purchasing the future earnings…

STOCK APPRECIATION RIGHTS (SAR) PLAN: REWARDING & RETAINING KEY STAFF IN CONNECTION WITH BUILDING A BUSINESS FOR VALUE OR SALE
Rewarding key personnel is an important element of many Middle…

MERGERS & ACQUISITIONS VALUATIONS
The Rule of Five holds that the Enterprise Value (the cash free,…

THE BABSON COLLEGE SURVEY
The Babson College Survey (http://www.babson.edu/executive-education/thought-leadership/premium/Pages/six-key-trends.aspx),…

THE IMPORTANCE OF THE THREE-PARTY MERGER & ACQUISITION TRANSACTION
Almost all M&A transactions consist of a three-party event:…

NON-DISCLOSURE CONFIDENTIALITY AGREEMENTS, THE ACQUISITION PROFILE AND THE EXECUTIVE SUMMARY
It is most appropriate to have targeted buyers sign a Non-Disclosure…

SO HOW MUCH IS IT WORTH; VALUATION VERSUS VALUE?
Although both methods use the same reference data and terminology,…

WHO IS ON THE HOOK?
Earn-out agreements are useful but contentious tools in M&A…

HOW SELLER’S WEAKNESSES ARE MADE BUYER OPPORTUNITIES
It is important for the Seller to address Company weaknesses…

THE OFFERING MEMORANDUM: FRAMING THE STORY
The mergers and acquisitions (M&A) sales process begins with…

THE LONE WOLF: A SELLER’S NIGHTMARE
“Having only one buyer is the same as having no buyers,”…

