Practice Areas
There are few transactions more complicated than the sale or acquisition of a business.
These transactions can involve scores of professionals making a litany of decisions as to such things as:
- how the business will be valued
- how the transaction will be structured
- how the purchase price will be paid
Sometimes, despite the parties’ best efforts and intentions, disputes can arise. The buyer may believe that the business’ financials were inaccurate and the business was over-valued. The seller may believe they failed to receive the earn-out or incentive payments they were promised. There may be issues post-sale with a non-compete or non-solicitation clause. The impact of these disputes can be enormous, threatening the plans of both the seller and the buyer and leaving a once-thriving business in ruins.
It’s not uncommon, when faced with these sorts of disputes, for the seller or buyer to turn for help to the law firm that negotiated the transaction. But this may not be the best idea.
These disputes often center around the language in the purchase agreement, and the attorney who drafted or negotiated that language might be ill-equipped to objectively evaluate its meaning.
A party’s interests may be better-served by asking for guidance from an attorney who is disconnected from the underlying transaction and does not have a personal stake in how the language in the purchase agreement is construed.
At DLM LAW, we typically do not help our clients negotiate the sale or purchase of businesses. Instead, our involvement begins when these transactions turn sour, using our experience and expertise to help our clients resolve even the most complex legal dispute.
Where appropriate, we can work with the legal team that papered the transaction to help minimize the cost and inconvenience to you and your management team.