Aimee B. Davis Law P.C.

What is Customer Concentration Risk?

What is Customer Concentration Risk? Sri Malladi, an M&A consultant, recently wrote an article about concentration risk. I was interested because as a solo practitioner, it can be challenging to avoid concentration risk. In order to secure new clients, time must consistently be spent networking and marketing one’s legal services. But attorneys engaged in complex… Continue reading What is Customer Concentration Risk?

The Unforeseeable Force Majeure

The Unforeseeable Force Majeure {The first time a client called me seeking to be excused from performance of a contract under the force majeure clause due to COVID-19 was in March 2020. During the next 2 years, I regularly assisted clients seeking rent abatements on account of the pandemic.   What is force majeure?  In… Continue reading The Unforeseeable Force Majeure

What is M&A Transaction Insurance?

What is M&A Transaction Insurance? {4 minutes to read}  When I began my career in Big Law, M&A insurance didn’t exist. About 15 years ago, private equity firms began using it when acquiring companies.     Before that, buyers sought protection against losses resulting from misrepresentations made by sellers in asset or stock purchase agreements… Continue reading What is M&A Transaction Insurance?

What is a Buy/Sell Agreement and Why Do I Need One?

What is a Buy/Sell Agreement and Why Do I Need One? Last year I was retained by a few clients to either draft new or review and revise their existing buy/sell agreements. In one case, it was the owner/operator of various restaurants who (following 20 years in business without any written agreement among the shareholders),… Continue reading What is a Buy/Sell Agreement and Why Do I Need One?

Compliance with the Corporate Transparency Act is a Legal Hot Potato

Compliance with the Corporate Transparency Act is a Legal Hot Potato Since becoming effective January 1, 2024, I’ve received many email alerts from accountants and attorneys announcing The Corporate Transparency Act (CTA).   What is the CTA? The CTA is an anti-money laundering act requiring millions of small businesses (each a “Company”) to file Beneficial… Continue reading Compliance with the Corporate Transparency Act is a Legal Hot Potato

Do You Give Your Business Judgment With Your Legal Advice?

Do You Give Your Business Judgment With Your Legal Advice? {4 minutes to read}  {3 minutes to read} Several months ago, a Florida real estate attorney said to me, “I don’t substitute my business judgment for legal advice. I’m sure you can understand that.” I’ve thought about that a lot recently, trying to understand why… Continue reading Do You Give Your Business Judgment With Your Legal Advice?

Make the Contract Make Sense [and Say What You Mean]

Make the Contract Make Sense [and Say What You Mean] {4 minutes to read}  {3 minutes to read} Legal contracts are often difficult enough to understand and interpret, but recently I’ve encountered opposing counsel suggesting vague language, which “kicks the can down the road” — so that key terms and decisions are made later, outside… Continue reading Make the Contract Make Sense [and Say What You Mean]

Are NFTs the Emperor’s New Clothes?

{3 minutes to read} I was enthusiastic to hear from Craig Jacobson, managing director at B. Riley Advisory Services, in response to my latest blog. He compared the current market for NFTs to playing a “game of chicken.” I couldn’t wait to learn more about what he meant.

What is the Value of an NFT?

{4 minutes to read}
What’s an NFT?
According to Christie’s, a non-fungible token (NFT) is a unique, digital certificate stored on the blockchain evidencing certain “ownership rights” in a digital asset/work of art. NFTs are easily traded by artists and others because the provenance, history, and all activities related to the work can be viewed by the public utilizing the same technology as crypto-currencies. Blockchain technology reduces counterparty risk and enables people who don’t know each other (and will never meet) to transact across borders.

Selling Your Company in Today’s M&A Market

{4 minutes to read} Given my 25 years of experience with mergers and acquisitions (M&A), I like to keep up with trends in the space. I recently attended a webinar presented by PKF O’Connor Davies Accountants and Advisors (PKF), entitled Selling Your Company in Today’s M&A Market. I learned that 2021 was a banner year for M&A activity in North America.