Mergers & Acquisitions

The Taxman Always Rings Twice

Posted on February 19, 2009. Filed under: Joint Ventures, Mergers & Acquisitions, Venture Capital and Emerging Companies |

In the past few years, I’ve worked on an unusually large number of matters requiring complex tax analysis in high-stakes situations. While I’ve always had a healthy respect for the importance of tax issues, these more recent engagements have left me in absolute awe of the risks associated with the tax code. Seemingly harmless transactions consummated years before [...]

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Business Negotiations: When the Whole is Less than the Sum of the Parts

Posted on January 25, 2007. Filed under: Mergers & Acquisitions, Negotiation and Drafting Principles |

It’s an axiom of business that “the whole is greater than the sum of the parts.” Through the magic of synergy, a company can often create value by combining two or more things (e.g., businesses, products, marketing ideas) that interact positively and result in more than a purely additive outcome.
The same result can often be [...]

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How Early to Get Your Lawyer Involved

Posted on June 10, 2006. Filed under: Joint Ventures, Mergers & Acquisitions, Venture Capital and Emerging Companies |

I sat in a conference session yesterday and heard the presenter say that you should negotiate all the “deal points” of a strategic alliance before getting your lawyer involved. Lawyers can be expensive and also might introduce complications and delays into a business arrangement, so I understand the temptation to feel that way. Nevertheless, I [...]

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    A transactional lawyer, venture investor and entrepreneur shares insights about the intersection of business strategy and the law.

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