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Bradley Arant Boult Cummings LLP

Private Company Investments Are Attractive, But Not All That Glitters Turns into Gold: Put a Buy-Sell Agreement in Place

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In the final quarter of the year, many private companies will accept new investments that accelerate their growth. But new investments are not guaranteed to create lasting relationships, and that may be the case when new...more

Bradley Arant Boult Cummings LLP

The Business Valuation Blues: Sing a Different Song When the Valuation Experts Disagree

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One of the thorniest issues private company owners and minority investors may be required to confront in going through a business divorce is determining the value of the minority interest being purchased. It is not unusual...more

Bradley Arant Boult Cummings LLP

Spring Fever for Private Company Investors: Avoid Investing When Red Flags Are Discovered in the Company’s Garden

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We have been enjoying a nice spring in Dallas – moderate temperatures, not too much rain and mostly sunny skies. In the investing world, these conditions signal that the time is ripe for a private company investment. But just...more

Bradley Arant Boult Cummings LLP

Splitting the Pie Fairly: Using Creativity to Achieve a Successful Business Divorce

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Throwing the baby out with the bath water is a pithy expression that suggests exercising caution when business partners in private companies are seeking to achieve a business divorce. The majority owner and the departing...more

Bradley Arant Boult Cummings LLP

With Friends Like These…Exercise Caution When Adding New Business Partners

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Money talks when the majority owners of private companies add new business partners who contribute additional capital. When these investors are high-powered PE firms or high-profile companies, with large balance sheets and...more

Bradley Arant Boult Cummings LLP

My Partner Just Sued Me: Strategies Majority Owners Should Consider in Defending Claims Filed by Private Company Investors

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Conflicts between co-owners in private companies are common, but the vast majority are worked out through dialogue and negotiation. When these internal conflicts cannot be resolved, however, minority investors may file suit...more

Goodwin

“Corrective construction” to achieve commercial common sense in company articles

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In the recent Court of Appeal judgment in DnaNudge Limited v. Ventura Capital GP Limited [2023] EWCA Civ 1142, the court confirmed that a provision of the company’s articles allowing for the conversion of Series A shares to...more

Bradley Arant Boult Cummings LLP

Has the Bloom Come Off the Rose? It May Be Time to Pull the Plug on Your Private Equity Investment

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Private growth companies have ups and downs – only rocket ships tend to go straight up. Therefore, it can be difficult for an investor holding a minority stake in a private company to know whether a challenging time for the...more

Barnea Jaffa Lande & Co.

Israeli National Labor Court Rules Investors Are Not Employers

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The Israeli National Labor Court recently issued a ruling addressing a claim to “lift the corporate veil” in a dispute between two groups of shareholders in a company. The National Labor Court’s ruling did not allow the...more

Winstead PC

Looking Past the Face of the Shiny Penny: Check the Fine Print of All Private Company Investments

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According to the financial press, private equity investors are holding huge sums waiting for the right private company in which to invest. In late March, CNBC reported that private equity firms have a staggering $1.5...more

Winstead PC

Cautionary Note for Private Company Owners: Third Party Investors Can Create Thorny Problems

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Like fish need water in which to swim, private company owners need to secure capital on an almost continuous basis. Capital is necessary to develop the company’s products and services, to retain top talent and to market and...more

Hogan Lovells

Italy improves transparency and extends its "golden powers" to protect new (corporate) treasures

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On October 16, 2017 the Italian government adopted Law Decree no. 148/2017 (the "Decree") containing, inter alia, new measures aimed at improving the transparency of Italy's regulated markets and extending the Italian...more

WilmerHale

Don't Make Founders' Equity Even

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Sometimes I think about replacing the table in my office with a sofa and a box of tissues. I’m a lawyer, but sometimes I feel like a therapist. When startup founders sit down with me to hash out equity splits and trust and...more

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