Is a Letter of Intent Necessary in an M&A Transaction? {3:42 minutes to read} There’s a debate raging among transactional attorneys about whether entering into a letter of intent (LOI) in advance of negotiating a purchase agreement is a necessary step in the M&A process. An LOI summarizing the basic terms of a proposed… Continue reading Is a Letter of Intent Necessary in an M&A Transaction?
Category: Contracts
Words Do Matter
Words Do Matter {3:54 minutes to read} In interpreting legal documents, the words actually matter. A well-trained attorney is best suited to understand and explain to a lay person the implications of the presence or absence of certain words. I often feel like I am speaking another language when discussing financing transactions, even with other… Continue reading Words Do Matter
A Man Would Ask for More
A Man Would Ask for More {3:42 minutes to read} Recently, a client was negotiating an employment agreement with a large bank. In discussing whether she should demand a higher commission, the client hesitated, wavering on whether she should accept our advice to push for a better rate. Ultimately, the client (who was familiar with… Continue reading A Man Would Ask for More
Is Legalese Making It Hard to Understand Your Options in a Negotiation?
Is Legalese Making It Hard to Understand Your Options in a Negotiation? {3:48 minutes to read} A lawyer’s success depends on the value of the legal services she provides to her clients. As a solo practitioner, I take this statement seriously, and I spend a lot of time thinking about how to ensure I achieve… Continue reading Is Legalese Making It Hard to Understand Your Options in a Negotiation?
Don’t Be Your Own Attorney, Especially If You Aren’t One
Don’t Be Your Own Attorney, Especially If You Aren’t One {3:50 minutes to read} From the perspective of a corporate attorney with expertise in international M&A, financing, and private equity transactions and general commercial contracts, and a litigator with commercial, business and securities litigation experience… Since the Plain Writing Act of 2010, SEC disclosures, consumer… Continue reading Don’t Be Your Own Attorney, Especially If You Aren’t One
The Battle of the Forms
The Battle of the Forms I recently waited a month and a half for comments from opposing counsel to a draft contract. It was finally returned to me in a different form, restating everything that was in the original draft and proposing certain changes to the deal. I call this creating an unnecessary “battle of… Continue reading The Battle of the Forms
A New Perspective on Business Law
A New Perspective on Business Law Becoming a business owner helped me become more sensitive to the expense side of transactions. This experience continues to inform and change the way I negotiate contracts and represent clients in general. One of my first transactions as a solo corporate and transactional attorney proved to be an excellent… Continue reading A New Perspective on Business Law
