Contracts are not set in stone. Although you may have initially negotiated and agreed on terms of a business relationship, those terms can be inadvertently, and unintentionally, modified based on the parties' course of dealings and/or subsequent oral representations. #DoneDeal
The recent lawsuit against Salesforce highlights the importance of performing due diligence on clients and the possibility of being held culpable for the acts of your clients... Vendors beware. #DoneDeal
In most cases, awarding equity for services leads to a taxable event where the person receiving the equity must claim the fair market value of that equity as income. If you don't understand the triggers for this taxable event, or ways to avoid/minimizes upfront taxes, Uncle Sam may unpleasantly surprised you with a significant tax bill. #DoneDeal
Awarding equity in exchange for performance is a great way to both motivate employees/service providers and allow key personnel to share in the upside to scaling a business. Properly structuring these awards takes planning and intentionality. #DoneDeal
To truly bring finality to a business relationship, it is sometimes necessary for the parties to execute a liability waiver and release so that past claims don't (and can't) come back to haunt either party.
An often overlooked resources in protecting the intellectual property of a business is U.S. Customs & Border Patrol. This option is particularly useful for small businesses in disputes with large corporations.
Every deal requires that the party on the other side has the authority not only to sign the applicable contract but to also perform the duties under that contract. If you aren't verifying a person's ability to perform, you may be wasting time and money... not to mention potentially opening yourself up to unknown liabilities.
On June 21, 2018, the Supreme Court issued a ruling that changes the landscape of how states can tax internet sales made to residents of their state by businesses w/o a physical presence in that state.
Marketing is one of the most pivotal aspects of operating a business. In this episode, Rod Coleman of Jackson Beverly Coleman Consulting discusses how to be efficient and effective in your marketing efforts.
Separating entities providing different products/services is a smart way to insulate those individual revenue streams from the liabilities of other distinct and distinguishable revenue streams/activities. However, if these separate entities are providing services/products to similar clients, you must be diligent in keeping the entities truly separate.
One-way Buy-Sell agreements can be a very useful tool in the context of succession planning (on the one hand) and business expansion through "alternative" financing (on the other hand). This episode discusses how you can use a life insurance policy to grow through acquisition.
A letter of intent is a useful tool for making sure that two parties are on the same page when it comes to the material terms of a major transaction. This podcast discusses the 'how' and 'why' of letters of intent.
For-Profit activities & valuable intellectual property doesn’t always have to be “owned” by the nonprofit. Housing IP and commercial activities outside of the nonprofit allows the creator to benefit in the long run.
December 26, 2017
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