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Selling Your e-Commerce Company in 2011
There can be no clearer sign that the dot-com era is over than the results of the 2010 elections. The resounding defeats of tech icons Meg Whitman (of eBay) and Carly Fiorina (of HP) ' despite spending (Whitman spent more than $141 million of her own money on her campaign) ' showed that our society no longer believes (if it ever did) that the stars of Silicon Valley, self-styled modern-day “masters of the universe,” could solve all our problems (at least until the next revolution, because they come so predictably in the tech world).
Another sign of how times have changed for tech entrepreneurs hit much closer to home with the release of the 2010 SRS M&A Deal Terms Study by Shareholder Representative Services, “an analysis of deal terms in private target M&A transactions” from 2007 to 2010. (SRS assists firms in managing such post-closing processes.)
The study revealed that entrepreneurs once able to cash out on their own terms, to eager buyers unwilling to risk negotiating lest a competitor get the deal, now must accept markedly less favorable terms. (A 12-page summary of the 101-page report is available at www.shareholderrep.com/files/summary.pdf. The full report is also available.) This real-world data on the negotiated terms of sales of privately held companies was not limited to tech firms, but the sample, in fact, had a very high percentage of them. (An American Bar Association (“ABA”) committee has issued similar “Deal Points” studies for many years, but those reports are available only to members of that committee, at www.abanet.org/dch/committee.cfm?com=CL560003. For those unable to access the ABA studies, the SRS study includes selected comparative data.)
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.