There are three general types of buy-sell agreements. They are often defined as: fixed price, formula price, and valuation process. Fixed price agreements are exactly as they are advertised – the price is set in the agreement, and that price stands until the agreement is updated. Fixed price agreements tend to result in a fairly […]

The venture capital world is often at odds with the goals of young startups — and in some cases, it can lead to their destruction. I recently met a guy I’ll call “Tom.” After 7 years of “blood, sweat, and instant noodles,” Tom built his startup into an exciting enterprise. He raised a hefty round […]

Many entrepreneurs looking for funding from Venture Capitalists know nothing about how the venture capital investment process actually works. Accessing venture capital is a slow process and requires lots of time and trust. Taking on venture capital investment is taking on a partner – a partner who will want an active say in how you […]

In connection with commercial litigation, it will often become necessary to hire a “damages expert.” The damages expert will familiarize him or herself with the facts of the case and the underlying claim, and then develop an estimate of the value of the claim, also referred to as “damages.” A damages expert can be essential, […]

Yes! Explore Settlement of Commercial Litigation Early On and Repeatedly Thereafter Recently a client who CLF’s team of attorneys is representing in connection with a lawsuit with respect to one of his businesses and a former employee of that business asked us whether we thought we should explore settlement of the lawsuit. Several of the […]

Superior Information Can Give the Prospective Acquirer the Upper Hand in Negotiating a Business Acquisition We were asked recently, “What is it that gives one party the upper hand in negotiating a business acquisition?” Is it “attitude,” or “touch,” or “feel”? Is it, perhaps, bravado, bluster, false pretense? Decades of experience in mergers and acquisitions […]

Perhaps Kenny Rodgers said it best, in his epic song “The Gambler.” “You got to know when to hold ’em, know when to fold ’em, know when to walk away, know when to run.” Every business owner wrestles with the age old question: When Is the best Time to Sell My Business? Obviously the answer […]

Recently a prospective client approached me for help with a business acquisition he hoped to make. The prospect had yet to identify a suitable opportunity but knew he wanted to acquire a manufacturing business. He spoke as well of forming a search partnership to make several additional acquisitions in coming years. I had the sense […]

Here at The Calkins Law Firm, Ltd., we hear about and see considerably more wrongdoing than I like. Perhaps it is because our practice areas include commercial litigation, so we are regularly approached when clients require our help. Or perhaps it is because people increasingly don’t know the difference between right and wrong – or […]