Steve’s Blog

BUSINESS DIVORCES:  Drafting the Resolution Agreement — When Will Closing Occur?

Drafting the Resolution Agreement – Some Typical Provisions posted last week briefly discusses three kinds of provisions typically found in most business divorce resolution agreements.  (The single essential term in every divorce agreement — Mutual Releases — is addressed in … Continue reading

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BUSINESS DIVORCES:  Drafting the Resolution Agreement — Some Typical Provisions

Drafting the Resolution Agreement — The Single Essential Provision posted last week addressed the single essential term every business divorce agreement must cover: Mutual Releases.  The other material provisions of business divorce agreements, however, may vary, because every business divorce is … Continue reading

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BUSINESS DIVORCES:  Drafting the Resolution Agreement — The Single Essential Provision

Drafting the Resolution Agreement — An Analytical Approach posted last week proposed an analytical approach to take toward preparing a business divorce resolution agreement.  This post identifies the single essential term every business divorce definitive agreement must contain and every business … Continue reading

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BUSINESS DIVORCES:  Drafting the Resolution Agreement — An Analytic Approach

An earlier post discussed several different forms for a business resolution agreement.   This post suggests an analytic approach to take toward drafting a definitive agreement, agreement in principle or letter of intent relating to a business divorce resolution.   … Continue reading

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BUSINESS DIVORCES: Keeping a Legal Inventory

A prior post in this series discusses the importance of knowing your BATNA in a business divorce:  your “Best Alternative to a Negotiated Agreement.” Knowing your BATNA includes discovering it, understanding it, improving it, reviewing it, and revising it as … Continue reading

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BUSINESS DIVORCES:  The Hidden Partner (or Co-Respondent)

Over the past two months, I have published seven blog posts on the subject of Business Divorces.  So far, I’ve chosen to write about procedural aspects of resolving a Business Divorce, not about the causes underlying a Business Divorce. I … Continue reading

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BUSINESS DIVORCES:  Some Common Legal and Business Issues

Each potential business divorce situation involves its own unique set of legal and business issues.  Almost all business divorces, however, share some common concerns.  This post describes some of them. Governing Documents The legal instruments governing an entity’s internal affairs … Continue reading

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BUSINESS DIVORCES:  Drafting the Resolution Agreement — Initial Choices

If a business divorce is not resolved through a court decision or an arbitration award, then the parties to the dispute must resolve their business divorce through a written agreement.  Form Follows Function Before considering what terms to include in … Continue reading

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BUSINESS DIVORCES:  Choice of Forum — Mediation and Negotiation

Last week’s blog post looked at concerns with using court or arbitration to resolve a business divorce. In this blog post, we will look at the very different resolution models of mediation and negotiation. Mediation Mediation is a close relative … Continue reading

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BUSINESS DIVORCES:  Choice of Forum — Court and Arbitration

Business owners engaged in a severe dispute among themselves can resolve their problem in one or more of several forums: Court Arbitration Mediation Negotiation In this blog post, we will look at some of the concerns with using a court … Continue reading

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