“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:
QuestionI 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...
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...
So You Want to Run a Business—Fiduciary Duties 101
Whether you are a company founder, a corporate officer or director, general or limited partner or simply an investor, if you are involved in a private company, it pays to understand the basics of fiduciary duties. The phrase “fiduciary duty” may conjure up images of a...
Shareholder deadlocks in private companies often result in protracted legal fights to break the impasse that are expensive and also highly disruptive to the business. In some cases, these business conflicts can even lead to the forced dissolution of the company. Just as importantly, these ownership battles are destructive to personal relationships because...
“From a relational standpoint, people enter closely-held businesses in the same manner as they enter marriage: optimistically and ill-prepared.”
Charles W. Murdock, The Evolution of Effective Remedies for Minority Shareholders and Its Impact Upon Valuation of Minority Shares, 65 NOTRE DAME L.REV. 425, 425 (1990).
A beautiful wedding ceremony offers no guaranty the couple will not...
A married couple may enter into a new business venture as optimistically as they began their marriage. Just as they walked to the altar without a marital prenup, however, they often fail to enter into agreements to provide for what happens to the company if they later divorce. The lack of any...
