A horizontal merger involves two companies in the same industry combining. Because of potential anti-competitive effects of such mergers, these are heavily examined by the Federal Trade Commission (FTC) and the Department of Justice...
This blog post by Jay Parkhill examines the issues which arise when the founding members of a business want to add another person whom they wish to treat as a founder (right down to an equity share) at a later date. The problems with this...
There are two main forms which equity ownership takes--common stock and preferred stock. In this blog post, Jay Parkhill examines the difference between the proceeds accruing to both types of stock when the company in which they represent...
Jay Parkhill studies a recent merger gone bad in this article. The seller ended up breaching a representation, and the buyer sued to recover, but after the claim period specified by the contract. The court determined that the claim...
In this article, George Grellas outlines some of the basic legal issues appertaining to sales of a small business, from both the buyer's and seller's perspective. He answers common questions regarding the actual purchase (or merger) agreement,...