Steve’s Blog

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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BUSINESS DIVORCES:  The People Problem

Continuing our Business Divorces series, this blog looks at the people problem. What do we mean by “People Problem”? The problem is not the people themselves.  The problem occurs whenever there is a failure to distinguish between the people involved … Continue reading

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BUSINESS DIVORCES: The Importance of BATNA

The first installment of this “Business Divorces” blog series —“BUSINESS DIVORCES: Introduction” — can be found here:  http://roblawfirm.com/business-divorces-introduction/.  This installment discusses one critical component in negotiating a business divorce: a party’s BATNA. “BATNA” Defined and Why Knowing It ASAP is … Continue reading

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BUSINESS DIVORCES:  Introduction

At Robinson & Robinson, we are turning our emphasis toward “business divorce” representations.  Over the past 30+ years, the attorneys now at  Robinson & Robinson have handled dozens of representations involving what are now called “business divorces.” “Business Divorce” is … Continue reading

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ABC: A Recent Example

In my last post — here — I listed some of the advantages  a privately held, financially distressed company might realize by choosing to liquidate by way of a state law ABC, or assignment for the benefit of creditors, instead of … Continue reading

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ABC: An Attractive Alternative to Bankruptcy

The owners of private, financially distressed businesses choosing among unpalatable alternatives should sometimes consider a lesser used state (not federal) statutory course: an assignment for the benefit of creditors, or ABC. General Advantages over Bankruptcy ABCs have grown in popularity … Continue reading

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Forming an Inadvertent Partnership – Part 2

A few weeks ago, I wrote a post entitled “Forming an Inadvertent Partnership”.  You can find it here.   That post discussed the Texas Supreme Court’s 2009 decision in Ingram v. Deere. Since the Texas Supreme Court issued its opinion … Continue reading

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