Business & Corporate Insights

Exit Planning: A Tale of Two Companies

Estella Havisham and Abel Magwitch each founded construction companies as C corporations in the mid-1980s, in similar but non-competing markets. In the early 2000s, Estella and Abel each decided that they wanted to retire and exit their businesses by 2010. In 2002, Estella and Abel each hired a well-respected business valuation firm to appraise their […]

Exit Planning for Small and Mid-Sized Businesses

Many business owners have only a vague idea of how they will exit from their current businesses. They have a general notion that when the time is right they will sell their business and retire or that their children will take over the business someday. Many business owners don’t realize that they need to plan […]

Is My Arbitration Clause Valid and Tailored to My Business?

There are many issues to consider in deciding whether to include an arbitration clause in your standard contracts.  However, if arbitration is right for resolving your business disputes, it is important that the arbitration clause is drafted properly to ensure it is enforceable and covers only claims appropriate for arbitration.  Under both federal statutory provisions […]

Hiring an Insider – What Nonprofits Need to Know

While it is not uncommon for nonprofits to engage in business transactions with insiders, i.e., doing business with an entity related to a board member or officer of the nonprofit organization, it is important that the nonprofit engage in due diligence and strict corporate governance to ensure that such related party transaction will run afoul […]

Amendment to the Florida Solicitation of Contributions Act

The Florida Solicitation of Contributions Act (the “Act”) requires anyone who solicits donations, i.e., charitable organizations, sponsors, professional solicitors and fundraising consultants, to register with the Florida Department of Agriculture and Consumer Affairs (the “DACA”). Recent amendments to the Act have added some additional administrative and reporting requirements which became effective July 1, 2014. A […]