Startups

Asset Purchase or Stock Purchase?

INTRODUCTION Buying a business for many is an opportunity for a fresh start without having to “start from scratch”. There is an appeal in purchasing an existing business because most purchasers believe they can do a better job, or have a newer, fresher vision that will lead to tremendous financial success without the initial two […]

FAQs: Our Trademark Process

Fees for Virtual Counsel Members $275 for 1 class of goods/services (click here for a list of classes) FREE clearance search/conflicts search If a “Statement of Use” is filed separate from initial application: add $200 Fees for Non-Members Filing a US trademark application for a name or slogan is a $900 fixed fee broken down […]

Partnership Guide: 40 Questions for Any Partnership Agreement

A Guide to Putting Together Your Partnership Agreement By Jeffrey K. Davis, Esq. WHAT SHOULD YOUR BUSINESS GOVERNANCE AGREEMENT ADDRESS? The following is a 40-point checklist that you should use when drafting a business partnership agreement. This is not an all-inclusive list but I have to say, it’s pretty close and has broad applications for […]

The 41 Point Test for Evaluating Your Potential Business Partner

Over the years I’ve represented hundreds of startups, joint ventures and partnerships. I’ve even been a part of a few partnerships myself and had I put myself through the same 42-part test below perhaps some of those relationships would not have ended so miserably. People rush into business relationships all too often because we’re human […]

INTERVIEW: Talk to Neil

Meet one of my favorite business attorneys Neil Greenbaum as we talk about buying businesses (asset purchase agreements, stock purchase agreements and franchises). It’s extremely informative, and we get some valuable pro tips from the pro himself. Neil. This will surely not be the last interview with Neil. While he doesn’t call himself an “expert” […]

INTERVIEW: Client Spotlight with Ralph Ramirez

I was very excited to get to interview Ralph Ramirez. Ralph is an exceptionally talented client and owner of Townecraft Homewares. In this insightful video you get to hear how he approached this multi million dollar business acquisition, some true “pro tips” if you’re considering purchasing a business, and the critical importance of “evolving a […]

FAQ: The Asset Purchase Process

Many people start businesses by purchasing an existing business. Most business acquisitions are effectuate through an asset purchase. Here, we discuss the process for any asset purchase agreement. Step 1: Draft/finalize/negotiate the Purchase Agreement . You want to ensure that the Purchase Agreement contains the appropriate provisions that pertain to your specific transaction. For instance, […]

Why Businesses Fail: Failure to Invest in Human Resources

Introduction Many businesses fail for many different reasons but mostly because they fail to properly consider the crucial challenges at the very outset. The following is part I of VII of my assessment of critical business failures. Startups fail to spend money on viable human resources. It is an unfortunate truth that many business owners […]

Loans or Investors?

Determine the Funding and Capitalization of Your Business Your business plan should adequately address the funding requirements of your Company in order to get the Company off the ground and running. Funding can come from various sources but basically broken down as follows: (a) loans (b) investors Here, we discuss generally some of the pros and cons of each […]

FAQ’s: Forming a PLLC in New York

The following outlines the various processes and costs for creating a PLLC in New York: File Articles of Organization with the NY Department of State. Filing fee $235 Obtain required consent from the New York Department of Education. Filing Fee $110. NOTE: The name must include the profession, name and or/location. Anything outside those rules […]