The age-old expression “get it in writing” reflects the wisdom that it is risky to rely on a handshake as the only evidence of a deal.  Getting it in writing is also important when private company owners document transfers to investors.  This is particularly true if majority owners want to prevent later fraud...

A Texas jury just issued a large verdict in a case against the Houston-based law firm of Andrews Kurth LLP in a case that involved a business dispute between two brothers.  While it is too soon to reach any final conclusions, the magnitude of the jury’s award—more than $167 million—provides us with an...

The importance of culture is by no means limited to for profit companies – culture is also critical at not for profit firms, universities and trade groups.  One of my favorite blog posts on culture was written several years ago by a friend, Jeff Whittle, shortly after he returned from watching his college...

“Sincerity is everything. If you can fake that, you’ve got it made.” George Burns

We smile as we read George Burns’ famous quote because authenticity is such a key to success, we know some companies will attempt to fake it.   In the business world where clients crave authenticity, however, false attempts at sincerity...

I came to appreciate the importance of a positive business culture when I first started practicing law as an associate attorney more than 30 years ago – well before the advent of smart phones, tablet computers and even the internet.

An organization’s culture is not set by decree; it is established through the (often...

While I was waiting on a delayed flight at the airport last week, a stranger sitting next to me made things more interesting by starting up a conversation with an intriguing question.  His question to me went like this:

Question

I busted my ass this week checking out installations for my company all...

As Settlement Counsel for a divorcing spouse in family law cases, our role is to negotiate, structure and implement a Business Divorce that optimizes the value of the divorce settlement.  This Business Divorce settlement may be structured to take several different forms, but often includes continued co-ownership of assets by the couple following...

Minority investors in private companies accept significant risks in making non-control investments, including both business risk and management risk.  Examples of business risk are many and include increased competition, changes in government regulations and gaining or losing patent protection.  The focus of this Post, however, is on the risks minority investors are exposed...

Deferred Gratification and Other Key Business Considerations

People marry out of love, and notions of romance are inconsistent with a view of the marital unit as a business entity. Yet, if the marriage falters and the couple seeks a divorce after they have accumulated significant assets, business concepts may play a large role...