What are the Essential Elements of a Purchase and Sale Agreement?

{3:30 minutes to read}   So you want to sell your business? Last time, I presented steps to consider when entering into a Merger & Acquisition transaction. I stated it’s common for buyer’s attorney to prepare the initial draft of the definitive purchase agreement (the Definitive Agreement) and for seller’s attorney to provide comments to the draft, but this is a guideline.

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So You Want to Sell Your Business…What Steps Should You Take?

So You Want to Sell Your Business...What Steps Should You Take? by Aimee B. Davis

{3:30 minutes to read}  I’ve represented clients seeking to buy and sell small- and middle-market businesses for over 20 years. Often these clients are first-time sellers and/or buyers.

As one can imagine, first-time sellers can feel a certain way about parting with their baby. Because selling one’s business can be an emotional experience, I thought it would be helpful to lay out the basic steps to consider when entering into any Merger & Acquisition (M&A) transaction:  

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Can an Entrepreneur Regularize Her Income?

Can an Entrepreneur Regularize Her Income? by Aimee B. Davis

{3 minutes to read}  One thing an entrepreneur can rely on is that from time to time she will encounter a rather unpredictable revenue stream. That’s okay, some folks have the stomach for this and others simply don’t. Frankly, I didn’t know the strength of my own gut until I found out in practice.

Can an Entrepreneur Regularize Her Income?

After eight years as a solo practitioner, I have discovered some tactics that can be employed to help regularize one’s revenue:

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Checking In on the Status of Impact Investing

Checking in on the Status of Impact Investing by Aimee Davis

{3:15 minutes to read}  It’s been over three years since I learned and wrote about, Impact Investing.

What is Impact Investing?

Emerging in 2007, impact investments are made into companies, quasi-governmental organizations, and funds, with the intention of generating a measurable, beneficial social or environmental impact along with a financial return to the investor.

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Maintaining Your Top Shelf Position

Maintaining Your Top Shelf Position by Aimee B. Davis

{3 minutes to read}  Richard Kestenbaum’s articles on M&A transactions in the fashion and consumer product industries are regularly published online in Forbes. Richard has been doing mergers, acquisitions, and capital-raising for over 35 years. I always read his articles and find his observations fascinating.

I recently had the privilege of interviewing him as a follow-up to his article about Nestle entering into a licensing deal in May 2018 to market, sell, and distribute Starbucks coffee globally. I wanted to better understand what I perceived to be his skepticism of the deal and his concerns about why this arrangement may diminish or dilute the Starbucks brand.

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The Inhumanity of Virtual Networking

The Inhumanity of Virtual Networking by Aimee B. Davis

{3:30 minutes to read}  As a corporate transactional attorney for the past 24 years, I think it’s fair to describe myself as a senior statesperson in the NYC business world. I’ve been at it so long I don’t remember who taught me the value of returning phone calls on a same-day basis.  Nevertheless, this good business practice persisted into the digital age, and I make an effort to respond to emails similarly.

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Legal Brush Strokes – The Convergence of Art and Technology

(4 minutes to read}  In July’s blog, I discussed the convergence of the fashion industry with new technology. Now, there’s a hot new convergence of the art world and technology.

In fostering her own “second act,” actress Portia de Rossi recently launched an online venture called GENERAL PUBLIC. The CEO/Co-Founder summarizes her art publishing and curation business below:

“I formed my company, GENERAL PUBLIC, with a view to bring good art to more people. As a long-time art lover and collector, I became fascinated with the concept of reproducing paintings using 3-D technology because I believe the artist’s work should be shared by as many people who wish to own it and not just enjoyed by one collector.”

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Real Estate Leasing and Consideration of the “Silent” Issues

{3:48 minutes to read}  At Aimee B. Davis Law P.C., I often represent tenants entering into either billboard leases or commercial space leases.

Real Estate Leasing and Consideration of the “Silent” Issues by Aimee B. Davis

In real estate leasing, it is customary for the landlord’s attorney to serve up the first draft, and for the tenant’s attorney to provide comments.  With billboard leasing, the tenant more likely presents the first draft, as they are the experts in this space. A billboard lease is unlike a general commercial space lease, and there are special provisions that are standard in the industry. Conversely, there are provisions that customarily arise in commercial space leases that are absent in billboard leasing.  

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When Legal Issues Become Business Decisions

When Legal Issues Become Business Decisions{3:30 minutes to read}

As a transactional attorney, I typically spend time trying to cap or limit my client’s indemnification obligations when negotiating contracts. The word “indemnity” is a legal concept, the meaning of which may not be familiar to non-lawyers.

According to Wikipedia, indemnity is defined as: “a contractual obligation of one party (indemnitor) to compensate the loss occurred to the other party (indemnitee) due to the act of the indemnitor or any other party.”

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The Value of Having Multiple Relationships Within a Client’s Organization

The Value of Having Multiple Relationships Within a Client’s Organization by Aimee B. Davis{3.30 minutes to read}  For over 20 years, I’ve represented clients in the fashion merchandising industry. Since launching Aimee B. Davis Law P.C., my expertise in this space has been enhanced by my other specialties in new media, telecommunications, and the outdoor advertising industries. This is due to the fact that the fashion industry continues to converge and grow with developments in new technology, from the use of high-tech fabrics to wearable technology (i.e. Apple Watches). It’s a privilege for me to have a broad-based experience in these practice areas because I’m a FASHION FAN!

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