Aimee B. Davis Law P.C.

What to Do if Consent Can’t be Obtained

What to Do if Consent Can’t be Obtained {4 minutes to read}  If we learned something from the #Metoo movement, I hope it includes that what constitutes informed consent is complicated. There is a different (yet also complicated) consent right that is governed by corporate law, which is: Consent to assign a contract to a… Continue reading What to Do if Consent Can’t be Obtained

COVID-19: The Black Swan Risk to Business

COVID-19: The Black Swan Risk to Business {3 minutes to read} I was anticipating increased M&A activity in Q3 since the Covid-19 lockdown began, but as spring turned to summer and we remained On-Pause, I realized that more industries than I originally thought would be significantly, if not permanently, disrupted as a result of the… Continue reading COVID-19: The Black Swan Risk to Business

What Does an Attorney Actually Do When She Conducts “Due Diligence?”

DUE DILIGENCE CONCEPT

What Does an Attorney Actually Do When She Conducts “Due Diligence?” {3 minutes to read} I believe conducting proper due diligence adds value to any M&A transaction. But picture yourself a young, sleep-deprived associate, staring at a conference room table full of documents to review. Do you know why you’re reading them? Do you know… Continue reading What Does an Attorney Actually Do When She Conducts “Due Diligence?”

Not Every Deal Follows the Norm

Business documents and pen at workplace

Not Every Deal Follows the Norm {3:30 minutes to read} In March 2019, I laid out the basic steps to consider when entering into an M&A transaction.  But Not Every Deal Follows the Norm As mentioned in my February 2019 article, every successful attorney should be adaptable. I flexed this muscle at the end of… Continue reading Not Every Deal Follows the Norm

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

SALES AND PURCHASE AGREEMENT CONCEPT

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

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

Business people signing contracts in meeting room

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

Maintaining Your Top Shelf Position

Fresh Coffee pouring into fancy cup on table top

Maintaining Your Top Shelf Position {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… Continue reading Maintaining Your Top Shelf Position

How Can a Solo Attorney Satisfy All the Clients All the Time?

The Statue of Justice - lady justice or Iustitia / Justitia the Roman goddess of Justice in lawyer office

How Can a Solo Attorney Satisfy All the Clients All the Time? {3:18 minutes to read} This was one of many questions I asked myself when starting my solo practice. The answer is they can’t.   I am not an expert in all aspects of law, and I can’t answer every client question. There are… Continue reading How Can a Solo Attorney Satisfy All the Clients All the Time?

Is a Letter of Intent Necessary in an M&A Transaction?

A close up of a 'Letter of Intent'.

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?

What Does Due Diligence Bring to the Table?

due diligence business graph data analysis vector graphic

What Does Due Diligence Bring to the Table? {3:36 minutes to read} DUE DILIGENCE — words that make nearly every junior corporate associate in “big law” quake! Due diligence is a tedious and time-consuming process. Yet, it is a valuable, important and necessary component in every Merger & Acquisition transaction (M&A). The due diligence process… Continue reading What Does Due Diligence Bring to the Table?