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With higher tax rates, it’s not surprising that business owners are looking for more tax-efficient ways to sell their companies. And in the right circumstances, selling to an employee stock ownership plan (ESOP) can allow owners to defer taxes or even avoid them entirely.  Please take a moment to read Bernstein’s recent article entitled, “Investing After…

Although the ultimate “home run” for venture capital investors remains an IPO of a portfolio company investment, for most investors the primary method of liquidity is an acquisition event. Mindful of this typical exit scenario, investors will often bargain for “drag-along rights” in their financing documents which contractually require all (or most) of a company’s…

As baby-boomer business owners approach their 60s, their thoughts often turn from an “achievement” mindset to one of “quality of life” values and concerns. It becomes a time of reflection — a time to sort out life’s purpose and values, and to determine when enough is enough.  As business owners begin to think about this…

Protecting and Preserving Your Business for the Future— Presented by: Kathie H. Okun Building a successful business takes commitment, dedication, and a lot of hard work. And like anything of value, it must be protected – but not only against current risks such as fire or theft, but also against less tangible hazards such as…

4 Ways to Overcome Strategy Execution Roadblocks Does this sound familiar to you?  You’ve held your strategic planning meeting with your management team late last year, identified key strategic projects, assigned responsibilities and you were off and running.  Everyone was on board, or so it seemed.  What’s happening?  Why are we not making any progress…

By: Michael J. Cavaretta In a merger or acquisition in which a technology company is the target, the target company’s software is often a material — and perhaps even the principal — asset of the deal. Often, this software was developed using open source software (OSS). While there are several advantages to using OSS, including lower…

MBBP Partner Carl Barnes was recently quoted in a Massachusetts Lawyers Weekly article written by Patrick Murphy, entitled “Survivor of Merger Controls Attorney-Client Privilege.” The article discusses Novack v. Raytheon, a recent Massachusetts Superior Court decision holding that, under Delaware law and the terms of a merger agreement, control of the attorney-client privilege relating to pre-merger communications between BBN Technologies Holding…

It’s MBBP’s first issue of 2015 and we’re providing plenty of news to start the year off right! Open the PDF. This newsletter is packed with articles, such as: ◾TAX: Treasury Announces New Restrictions on Inversions – Robert Finkel ◾IP: Scrutinizing Biotechnology & Software Patent Eligibility in M&A Deal Valuations – David Fazzolare ◾TECHNOLOGY: Open Source Issues in…

EXIT  Should you sell your business? How? And then what? By Patrick M. Foley, CFP®, QPFC  Synopsis Should you sell your business? is a big question. It can be up there with Is she the one? or Should we have one more baby? Maybe it’s not that big, but it can certainly change the direction…