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Management Carve-Out Plans
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Management Carve-Out Plans

By Garrett Galvin

A company may find itself in a position to sell for a variety of reasons: a sale may be necessary to continue its growth, a potential buyer made an offer too good to pass up, or the owners are simply looking towards their next venture. Regardless of the reason for the sale, the prospect of selling the company can be a difficult but exciting time for all involved and it is important for the sellers to have management support of the transaction to bring it across the finish line. 

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Fiduciary Duties in M&A Transactions
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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. 

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Founder Liquidity: Key Considerations in Secondary Sales
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Founder Liquidity: Key Considerations in Secondary Sales

By Soobin Kim

As a founder starts and grows a company, the founder may consider selling her shares in the company prior to an exit via a sale of the company or an initial public offering.  Such sale, typically called a secondary sale, helps a founder meet needs for necessary expenditures or reduce her risk tied to the company.  In the past, the founder’s sale of her shares was viewed as signaling lack of confidence and misaligning the founder’s interests, and therefore, investors often blocked the founder’s sale of her equity.

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What to Do Now if You Want to Sell Your Company
Exits, Articles Jeremy Glaser Exits, Articles Jeremy Glaser

What to Do Now if You Want to Sell Your Company

By Jeremy Glaser

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.

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MintzEdge Entrepreneur Perspective: Digging Out of A MARKET CORRECTION - Charlie Silver (RealAge)
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MintzEdge Entrepreneur Perspective: Digging Out of A MARKET CORRECTION - Charlie Silver (RealAge)

In this podcast, Charlie Silver, the founder of RealAge, a big data email marketing company, discusses how he turned his company around during the dotcom crash and successfully sold it to The Hearst Corporation. Mr. Silver also discusses the future of online marketing and the role of blockchain and how his newest company, Algebraix, is changing the way consumers share and get paid for their data.

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Preparing for an Exit: Selling Your Drone Company
Exits, Articles Marc Mantell Exits, Articles Marc Mantell

Preparing for an Exit: Selling Your Drone Company

By Marc Mantell

Just as each warehouse logistics robot or copter-drone will utilize different technologies to address unique problems, each robotics company will follow a unique path to its eventual exit transaction. For those considering a company sale, there are several things you can focus on early in the process that can help give you the best chance of success.

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Don’t Make These Ten Mistakes When Selling Your Business
Exits, Articles Jeremy Glaser Exits, Articles Jeremy Glaser

Don’t Make These Ten Mistakes When Selling Your Business

By Jeremy Glaser

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

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