CONTENT CENTER
Delaware Supreme Court Upholds Advance Waiver of Statutory Appraisal Rights
Delaware Supreme Court Decision Affirms Key Component of “Drag Along” Critical for M&A Exits for Venture-Backed Companies
Managing Multiple Bidders in the Sale of a Company
When selling a company through a competitive auction process, a seller may have multiple bidders seeking to purchase the target company. Having multiple bidders compete to purchase the target company can be advantageous to the seller for several reasons.
Energy & Sustainability Connections Newsletter – March 2021
By Tom Burton and Sahir Surmeli
This edition features Public Benefit Companies, Mintz client Logical Buildings, recent M&A activity, a podcast on renewables tax legislation, energy policy updates from DC, and list of upcoming industry events.
Fiduciary Duties in M&A Transactions
By Page Hubben
The board of directors of a corporation owe fiduciary duties to the corporation and its stockholders under Delaware law. In most general matters, the actions and decisions of the board and the company’s officers are viewed through the standard of the business judgment rule. In a change in control transaction, however, a court reviewing the actions of a board will apply a heightened standard, and the actions and decisions of the board and officers become subject to a greater level of scrutiny. Courts often examine the board’s decision-making process, the reasonableness of actions taken and the information on which decisions are based. To build a strong case against potential litigation during a significant transaction, companies and their boards should be well informed about their duties and follow best practices for evaluating, structuring and approving a deal.
What to Do Now if You Want to Sell Your Company
The global M&A market has remained strong from the end of 2017 into 2018. With stockholders pressuring larger companies to grow their revenues and the strong liquidity position of many companies, it is a sellers’ market. For companies looking to sell and participate in the global M&A market of $3.7 trillion in 2017[1] and $890.7 billion in Q1 2018[2], the toughest question is often how to start.
Don’t Make These Ten Mistakes When Selling Your Business
Over my three decades of practicing corporate law, I have helped hundreds of founders sell their businesses. In the process of helping them achieve a successful transaction, I have noted ten common mistakes that can cost the founders money by way of a lower sale price or higher expenses and that can delay or prevent the successful closing of the sale transaction. If you want to maximize your chances of closing your transaction on time and on the best possible terms, avoid making these common mistakes
Sort by Topic:
Form a Company
Raise Capital
Build Your Team
Protect Your Idea and Data
Grow Your Company
Exits
View our full collection of blogs from Mintz by topic