Elizabeth Warren wants to bury private equity. Here’s why that is a bad idea. Free Enterprise and Private Equity I have a love-hate relationship with private equity. As a mergers and acquisitions attorney, I spend more of my time representing sellers of companies, or even corporate buyers, than representing private equity. I have had vigorous…
Although the United States government has run up a national debt that exceeds the Gross Domestic Product, two spendthrift United States senators have the temerity to lecture American corporations about how the latter should manage their balance sheets. Senators Bernie Sanders (I-VT) and Charles Schumer (D-NY) recently proposed forthcoming legislation that aims to prevent corporations…
When conducting due diligence on a multinational company, consider the heightened risk of trade disruptions and loss of goodwill with foreign customers resulting from our ongoing trade negotiations. On November 30, 2018, the United States, Canada, and Mexico agreed to replace the North American Free Trade Agreement (“NAFTA”) with the United States Mexico Canada Agreement…
President Trump often says our trade partners treat us unfairly. Yet one of his first acts as president was to withdraw from a trade pact agreement designed to give favored treatment to its signatories. On Dec. 30, 2018, that pact, the Comprehensive and Progressive Trans-Pacific Partnership (known as TPP), went into effect without the United…
After protracted smashmouth negotiations, the United States, Canada, and Mexico agreed to replace the North American Free Trade Agreement (“NAFTA”) with the new United States Mexico Canada Agreement (“USMCA”) on November 30, 2018. The new USMCA is largely NAFTA with certain positive elements drawn from the Trans-Pacific Partnership (“TPP”). Unfortunately, certain new protectionist provisions unnecessarily…
SAN ANTONIO EXPRESS – AUGUST 31, 2018 Scuttling free trade with Canada would have a disproportionate impact on Texas. Texas is the nation’s top exporter and has a trade surplus with Canada. Texas exports about $22.8 billion of goods annually to Canada, its second-largest trade partner. The elimination of a free trade agreement with Canada…
It seems like everybody wants to start their own fund some day. Here’s a high-level overview of the legal landscape for private equity formation. What is Private Equity? Private funds are types of investment systems that are created by investment managers, known as sponsors. These managers raise capital to make multiple investments in a particular…
You have finally decided to sell your company. Perhaps you have worked with an investment banker who has taken your company through a formal “auction” process. You vetted the offer letters. Now you are ready to make a commitment and sign a letter of intent (LOI). Before you do, think about how certain you are…
Whether your company is in its infancy formation stages or already has comprehensive branding, protecting its name and image is essential for growth and protection. Registering a trademark for your brand with the United States Patent and Trademark Office (USPTO) gives you the exclusive right to use your business name nationwide in connection with the…
When considering an acquisition, the due diligence process enables a buyer to make a “go/no-go” decision about closing the deal. Due diligence also helps a buyer develop strategies to mitigate risk, and allocate potential liabilities when deals close. Conducting due diligence in the acquisition of a healthcare facility or hospital system includes all the ordinary…
