Steve’s Blog
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
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
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
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
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
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
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
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
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
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