Selling Privately Held Businesses – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office
How Do I Prepare to Sell My Business?
As a distributor, can I use display booths to sell my company’s products? Is there a limit on the time I can spend selling at a booth?
First, check the company policies, as they will be the guiding rule. Most companies...more
Most companies would prohibit sales in flea markets, swap meets, vending machines or garage sales. It is generally viewed that such locations dilute the value of the company’s products and opportunity. Companies typically...more
Be careful with covenants not to compete when you buy or sell a business. That's the lesson from Amerigas Propane, LP v. Coffey, 2014 NCBC 4, decided this week by Judge Jolly....more
U.S. deal activity was the bright spot in an otherwise relatively muted global M&A market in 2013. Several large U.S. transactions were announced in the first two months of the year, and although deal volume for transactions...more
Frontloading generally refers to a process in which a MLM company, or a sponsoring consultant, encourages a new consultant to purchase far more than is commercially reasonable under the circumstances. Often the “push” is...more
The plaintiff in Reyes sought to bring an FLSA collective action against the defendant on behalf of himself and other similarly situated “sales brokers” that the defendant employed. The sales brokers were responsible for...more
FINRA recently announced a disciplinary proceeding that underscores its continuing concerns about unsuitable retail sales of structured products. In a recently settled formal disciplinary proceeding, FINRA censured a...more
Earlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail...more
The high profile long-running saga between Mark Cuban -- entrepreneur, television personality, and billionaire owner of the Dallas Mavericks -- and the SEC has finally ended with Mr. Cuban emerging victorious. On October 16,...more
A recent decision by the California First District Court of Appeal serves as a useful reminder of the importance of properly documenting any agreement to sell a portion of a legal parcel....more
Rules from the Federal Trade Commission include new requirements for reporting pharmaceutical patent transfers.
On November 6, the Federal Trade Commission (FTC) released finalized amendments to the premerger...more
It’s no surprise that the prospectus requirements of Canada’s securities laws – that is, the need to use a Canadian prospectus or rely on a prospectus exemption – apply when a Canadian issuer sells securities to investors in...more
In This Presentation:
- General Considerations
- Who is Your Client?
- Who Can Employ a Physician?
- Basic Issues in Employment Contracts
- The Buy-In: Becoming an Owner in a Medical Practice
For most entrepreneurs, their retirement plan is to sell the business and use the proceeds to fund their retirement life style. They don’t want to hear that their business isn’t salable.
Democratic Senator Edward Markey wants the FTC to take a more active role in policing auto dealer sales practices. Because Dodd-Frank bars the CFPB from directly regulating auto dealers, the CFPB has targeted the fair lending...more
Businesses of all sizes change hands every year. Whether you intend to sell or are looking to buy, planning is key to your venture. Our law firm helps clients move through business changes including the sale or purchase of a...more
Proposed Regulations (REG-161948-05, 9/6/13) dealing with the importation of built-in loss properties under Sections 334(b)(1)(B) and Section 362(e)(1) are designed "to prevent erosion of the corporate tax base through the...more
The recent amendments to Ukrainian banking legislation stipulating additional requirements for sale of proceeds by residents and non-residents in foreign currency have come into force....more
Attorney Stephen Gulotta, Managing Member of Mintz Levin's New York office, discusses the importance of advance planning in the sale of privately held companies. ...more
Restrictive covenants attempt to tie up a business person who sells a business, in order to restrict that person from competing against the business they just sold. In an earlier post (Are Non-Competition Restrictions...more
On September 18, Fannie Mae issued Servicing Guide Announcement SVC-2013-19, which establishes requirements for eliminations and rescissions of foreclosure sales, effective immediately. The announcement states that when a...more
It has been reported that the England and Wales Cricket Board (ECB) has been successful in tackling the unauthorised re-sale of tickets for the Ashes test matches by relying upon the applicable ticket terms and conditions....more
On September 12, 2013, the Supreme Court of Canada rendered its decision in Payette v. Guay Inc., 2013 SCC 45. This decision is noteworthy, in that the Court confirmed the principles that apply in determining the...more
Orbis Corporation ("Orbis"), a manufacturer of commercial baking trays, owns U.S. Patent 6,273,259 ("the '259 patent"), which covers a baking tray ("the NPL663 tray"). As explained by the district court, "Orbis sells the...more
The Delaware Chancery Court issued its long-awaited post-trial decision last month in In re Trados Incorporated Shareholder Litigation. In the decision, the court affirmed that directors designated by the venture capital...more
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