I was fretting the other day because our marketing help was referring to “The Calkins Law Firm, Ltd.” As “Calkins Law Firm, Ltd.” And was referring to the speaker series that we co sponsor, the “Center For Free Enterprise, Ltd.” as “Center For Free Enterprise.” Does it really matter whether my marketing help refers to […]
Things to Consider When Bringing on a New Business Partner
I recently got a phone call from an entrepreneur in California who had been referred to me for legal advice. She explained that she wanted to enter into a Founders Agreement with a new business partner who she believed was in a position to perform certain technological services for her new business. She wanted help […]
Case Study: Why You Should Approach Arbitration Like It’s Litigation
I recently worked with an out-of-state client who is a graphic designer. My client, we’ll call her Jane, worked as an independent contractor for a large manufacturer of gift items, such as mugs and t-shirts. This company, we’ll call them The Company, had filed an arbitration demand seeking to terminate its relationship with her. The […]
How to Win a Breach of Contract Lawsuit
When I consider all the claims our law firm is asked to handle, breach of contract is at the core of most of them. This is because at its essence, a business is a bundle of relationships. You have relationships between you and your customers, you and your vendors, and you and your employees. And […]
The Different Types of Breach of Contract
What is the definition of breach of contract? At it’s core, breach of contract means to break the terms of a written or verbal agreement. Breach of contract sounds pretty straightforward. Either you do it or you don’t. But it’s more complicated than that as illustrated by the four different types of breach of contract. […]
Tips for Preparing Your Business for Sale
Most business owners don’t plan to sell their business. They do it because they have to. The days where you could assume the next generation would take on the business are long gone. Whether it’s a forced retirement due to health issues or a lack of capital, there comes a time when a business needs […]
The Steps in Due Diligence when Buying a Manufacturing Business
One of the first questions I am asked by clients looking to buy a business is, “What do I have to do for due diligence and how much will it cost?” At least, I hope they ask. A concerning number of people looking to buy a business do not do the basics of due diligence. […]
Three Types of Buy-Sell Agreements
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 […]
Five Ways Venture Capital Can Hurt Your Startup
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 […]
6 Things Venture Capitalists Want to See Before They Invest
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 […]
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