News & Analysis as of

Selling a Business Acquisitions

Womble Bond Dickinson

Earnout Deals Surge in Uncertain Times – What M&A Professionals Need to Know About Earnouts

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The M&A market has witnessed a major increase in the use of earnout deal terms after 2021. The number of deals with earnout provisions jumped from around 20% in 2021 to 33% in 2023....more

Mandelbaum Barrett PC

The Current State of the Veterinary Industry: Independent Practice Sales to Corporate Consolidators

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Over the past few years, significant shifts have occurred within the veterinary field, especially when it comes to veterinary practice ownership. Independent veterinary practices have increasingly been sold to corporate...more

DarrowEverett LLP

Maximizing Value: The Art of Purchase Price Allocation in Real Estate Deals

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When a business is sold, the most important overall aspect of negotiations between a cautious buyer and determined seller may be due to the agreed-upon purchase price for the business. However, when the buyer is purchasing...more

Morgan Lewis

Preparation is Key When Selling a Business: What to Know

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After years of dedication to building a business, the time has come to consider selling. The process of selling can be complex, but taking the time to prepare before listing a business for sale or engaging with potential...more

Stradling Yocca Carlson & Rauth

Representation and Warranties Play a Crucial Role in Business Transactions

Representations and warranties play a crucial role in business transactions and are commonly used in merger and acquisition agreements to allocate risk between sellers and buyers. Accurate representations and reliable...more

Foley & Lardner LLP

Thinking About Selling your Business? Now is the Time

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The economic environment has mostly stabilized following the inflationary shocks of 2021-2022, and a strong Q4 2023 suggests that M&A may be in line for a comeback in 2024. The following trends demonstrate why now is likely a...more

Buckingham, Doolittle & Burroughs, LLC

Deal prep: Tips for selling a business in an evolving M&A environment

The U.S. is coming off of two years of historically low interest rates and a tremendous amount of liquidity, factors that created a very strong sellers’ market in 2021 and 2022.This year, while there is still a lot of dry...more

Buckingham, Doolittle & Burroughs, LLC

Selling a business in the current high-deal volume environment

Selling a business in any environment can be challenging when planning is not addressed early in the M&A process. The challenges are heightened in the current environment where buyers are looking at multiple potential deals...more

Roetzel & Andress

Selling Your Med Spa Practice – Key Steps To Attract a Buyer and Get the Best Price

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This week on the #HealthLawHotSpot, host Ericka Adler is joined by special guest Jerry Diza, Partner at Pacific Reliance Medical M&A Advisors to share advice on how to successfully sell a med spa. Ericka and Jerry focus on...more

Allen Barron, Inc.

ABCast Episode 21 – Due Diligence

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In ABCast Episode 21 – Due Diligence Janathan Allen discusses a crucial element of Mergers & Acquisitions or M & A: comprehensive and thorough due diligence. Due diligence is a process and a review of financial information,...more

Rivkin Radler LLP

Withholding Taxes: Deferred Comp and Services Overseas

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Approaching Year End- Which holiday do you dread the most? For me, it has always been, and likely will always be, Labor Day. Of course, with each passing year, anything that I describe as “always” is less meaningful than...more

Williams Mullen

[Webinar] M&A Series: Unique Considerations in Petroleum & Commercial Fuel Transactions - September 19th, 11:00 am - 11:15 am ET

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It has been an active time for transactions in the Petroleum and Commercial Fuel industries as long-standing family concerns cash out and institutional buyers look to drive shareholder value. These deals can be fraught with...more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know about Acqui-Hires

The term “Acqui-hire” is commonly used to describe an M&A transaction where the buyer is predominantly interested in acquiring key employees of the target and not specifically the underlying business and/or assets. This type...more

Alston & Bird

Common Tax Considerations When Selling a Family Business

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Our Federal Tax Group discusses straightforward solutions to scenarios that may apply when a family-owned business is structured as a C corporation for tax purposes....more

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

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CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Building an Investable Business – Preparing Your Company Now for Successful Exit/Acquisition and Outside Investment -...

On Wednesday, April 26, 2023, Nelson Mullins Riley & Scarborough LLP is hosting a webinar titled, "Building an Investable Business – Preparing Your Company Now for Successful Exit/Acquisition and Outside Investment." Nelson...more

DarrowEverett LLP

How Earnout Provisions Can Supply Great Value for Buyers, Sellers

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Earnout provisions can be an effective tool for addressing the potential disconnect between a seller’s expectations and a buyer’s ability to pay when negotiating a business combination transaction. Earnout provisions, or...more

Sheppard Mullin Richter & Hampton LLP

Missed Assignments: The Importance of Assignability Clauses in Restrictive Covenant Agreements

Imagine paying millions to acquire a company only to later discover the restrictive covenants in the employment agreements of high-level executives were unenforceable. That’s precisely what happened in Intertek Asset...more

Steptoe & Johnson PLLC

Don’t Forget Taxes When Negotiating Non-Competes

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Exception to FTC Proposal Although the Federal Trade Commission (FTC) has proposed a ban on non-compete agreements, the proposal contains an exception in certain business acquisitions where the seller enters into a...more

Baker Donelson

Delaware Invalidates a Selling Stockholder's Non-Compete Covenant: What the Kodiak Building Partners, LLC v. Philip D. Adams...

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In drafting restrictive covenants, acquiring companies should be aware that courts may not necessarily uphold, or even "blue pencil" (revise overbroad restrictive covenants), restrictive covenants imposed on sellers in an...more

Dunlap Bennett & Ludwig PLLC

Mergers And Acquisitions: What Are The Steps In The Sale Of A Small Or Medium-Sized Business?

If you are a business owner contemplating the sale of your business, or an individual considering entrepreneurship through acquisition, you may be wondering “what are the steps in a purchase and sale of a business?”...more

Schwabe, Williamson & Wyatt PC

Thinking About Selling Your Ag Business? Time to Get Your I-9s in Order

The past two years have seen significant growth in the number of mergers and acquisitions nationwide with many agriculture and farming business owners choosing to liquefy their assets and move on. At the same time, employers...more

CDF Labor Law LLP

[Webinar] Tackling Key California Labor and Employment Law Issues in Acquisitions & Mergers - August 30th, 9:30 am - 11:00 am PT

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CDF Labor Law LLP presents an interactive panel discussion that will cover California transactional and employment law issues triggered by mergers and acquisitions. Richard Weintraub, of Weintraub Law Group, will share his 40...more

PilieroMazza PLLC

FCA Implications for M&A Transactions

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In mergers and acquisitions, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA investigation. It’s also important for...more

Farella Braun + Martel LLP

What You Need To Know About Representation and Warranty Insurance

In this Upside episode, Farella's Greg LeSaint and Erica Villanueva discuss how incorporating representation and warranty insurance into your acquisition from the buy-side or sell-side can have tremendous benefits in dealing...more

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