Search results
7 results
Sort by:
Who Is (or Are) Your Client(s)? Representation of the Entity and Majority Equity Holder in a Business Transactional Setting
Lawyers are always (or almost always) involved in documenting fundamental transactions for smaller businesses and the number of these transactions is increasing over time. Think of sales of businesses, mergers, changes of control and/or redemptions of equity as fundamental transactions. It is difficult to come by actual data on the number or dollar value of sales of U.S. businesses valued at $50 million or less. However, we know from surveys of business brokers that the deal volume they were experiencing in Q3 of 2021 had rebounded to slightly above pre-pandemic levels and that the multiples of EBITDA which sellers were commanding was being maintained in smaller value deals and going up slightly in larger value deals. The multiples of EBITDA commanded by sellers increase as the size of the business being sold increases. Transactions involving these smaller businesses typically involve a single lawyer or a team of 2-3 lawyers in a single firm on each “side” of the transaction. While a larger transaction may provide more opportunity for a law firm to only represent the entity while other law firms represent the board or the majority equity holder, the seller’s legal team in a smaller transaction prepares the documentation and may represent both the majority (or sole)equity holder who makes the decision to sell as well as the business entity being sold.
Burnout in the Practice of Law: It's Real and What to Do About It
Being a lawyer in Texas is not easy. This paper provides some basic information and tools to help lawyers understand and address the serious stress, mental health and substance use issues which so many attorneys face.
Business Skills for Lawyers
Today’s Business Lawyer requires a variety of skill sets to be able to represent the needs of business clients from counseling on formation and choice of entity decisions, business plans, maintaining proper documentation for the business, employment agreements, employee handbooks, vendor contracts, distributor agreements, acquisitions,mergers, dissolution, registrations in other states, website terms and conditions, copyrights, trademarks, patents,negotiation of deals (including letters of intent or “LOIs”), asset purchase agreements, stock acquisitions, indemnity,insurance, business and partnership issues and disputes, litigation, and dispute resolution, including mediation and arbitration.
Cross-Examination of Lay and Expert Witnesses in the Time of Zoom
Online depositions and hearings are here to stay, regardless of whether yet another heinous variant of Covid emerges in the future. Accordingly, lawyers taking online depositions must be aware of best practices for online depositions. Otherwise, lawyers cross-examining witnesses in the time of Zoom should use all of the tactics and strategies that pre-dated Covid and online cross-examinations.
Remote Proceedings: Where We’ve Been and What’s on the Horizon
To understand past, present, and potential standards for remote proceedings in Texas state courts, it is helpful to have a basic understanding of the emergency powers vested in the Supreme Court of Texas (“Court”) and of the Court’s process for promulgating and amending Texas Rules of Civil Procedure, Texas Rules of Appellate Procedure, and Texas Rules of Judicial Administration. Thus, this article provides a high-level primer on the emergency powers and the rule making process before addressing standards relating to remote proceedings.
What I Wish I knew Way Back When
Twenty two nuggets of wisdom from an experienced attorney.
Ten Tips For Lawyers Dealing With Stress, Mental Health, and Substance Use Issues
The life of a lawyer can be very stressful and difficult. Lawyers are handed their clients' worst problems and are expected to solve them. This paper provides some basic information and tools to help lawyers understand and address the serious stress, mental health and substance use issues which so many attorneys face.