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In M&A, a Seller’s Greatest Asset Is Their Engagement in the Deal
Originally posted 10/25/19, no content changes. Every business owner understands the importance of employee engagement. Keep your team motivated and energized, and you’ll maximize profit, productivity, retention, and customer satisfaction. When the time comes to sell your business, you’ll need to cultivate that same level of engagement within yourself. You’re the one in the driver’s…
I’m a Potential M&A Buyer; Should I Focus on Buying Stocks (Equities) or Buying Assets?
Originally posted on 9/9/2020, no content changes. When an M&A buyer is looking into a target company, they’re faced with the decision whether to buy stocks (the equities) or acquire assets. But what’s the difference? A stock purchase involves the purchase of the selling company’s stock only. Simply put: the buyer acquires all of the…
Supreme Court: First Amendment Protections Designed to Shelter Artistic Expression and Parody Are Not Available When Use of Trademark is Source-Identifying
Decision Jack Daniel’s Properties, Inc. v. VIP Products LLC, No. 22-148 (U.S. 2023). This month, the Supreme Court clarified the interplay between the First Amendment’s protection of freedom of expression and the Lanham Act’s protection against trademark infringement in a case that dealt with a manufacturer of dog toys modeled off of famous liquor bottles….
From the Field to the M&A Negotiating Table, Every Successful Team Shares The Same Dynamics
Originally posted on 1/25/2019, no content changes. They say there’s no “I” in “team.” Tellingly, for the parties in merger or acquisition, it’s also impossible to spell “team” without an “M” or an “A.” But I’d like to introduce you to a different set of letters. Even though you can’t find them in the word…
Form I-9 Requirement Flexibility to End on July 31, 2023
The U. S. Immigration and Customs Enforcement (ICE) recently announced the end of COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification.[1] Starting July 31, 2023, employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities. Employers who have been using the COVID-19 flexibilities have until August…
Foreign-Owned U.S. Entities Have Until June 30, 2023 To File Form BE-12 With The Bureau of Economic Analysis
This year, the Bureau of Economic Analysis (“BEA”) of the U.S. Department of Commerce is conducting a mandatory five-year survey on foreign investments in the United States for fiscal years ending in 2022. The survey covers financial and operating data of U.S. affiliates of foreign multinational enterprises. The survey is used to produce statistics on…
OK at Work: As Legalized Gambling Becomes More Accessible, Here’s What Employers Should Know
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the potential challenges employers may face as legalized gambling becomes more prevalent. While businesses should always maintain sufficient controls over their accounting and finance practices, the legalization of online gambling in many states should prompt employers to revisit their processes. In addition, employers…
The Maryland Department of Commerce is Now Accepting Applications for the Cannabis Business Assistance Fund
The Maryland Department of Commerce (“DOC”) is currently accepting applications for the Cannabis Business Assistance Loan/Grant Fund (“CBAF”) and released further guidance on the application process and eligibility criteria. The CBAF is a financing resource operated by the DOC for the purpose of providing grants and loans for small businesses, including small minority-owned and small…
Four Reasons Sellers Have a Natural Disadvantage in M&A Transactions
Originally posted 9/12/2019, no content changes. “The roulette table pays nobody except him that keeps it. Nevertheless, a passion for gaming is common, though a passion for keeping roulette tables is unknown.” So wrote George Bernard Shaw, the Irish playwright and London School of Economics co-founder, over a century ago. Were Shaw alive today, he…
For Attorneys and Clients, the Internet Is the Great Equalizer
Originally posted 4/5/2020, no content changes. Not long ago, hiring an attorney was a lot like visiting a doctor. If you needed legal help, you would drive to your local law office. The building’s windows or signage would be emblazoned with two words: “Law Office,” often lacking identifying names or law firm branding. You would…