How to Handle M&A Breaches
An M&A purchase agreement that doesn’t lay out the process of adjudicating a disagreement is almost certainly inviting problems. Breaches (in other words, post-closing disputes between Buyer and Seller [more…]
M&A Breaches of Representations or Warranties and Claims against Escrow
In a typical M&A purchase agreement, Seller provides Buyer with a slew of promises known as representations (reps) and warranties. A breach occurs when Buyer disputes one of those reps or warranties. Essentially [more…]
Ten Tips for Asking Good Questions
No one says everything you want to hear in the exact order, depth, and detail that you prefer. That's why the chief tool of a good listener is a good question. Well-crafted questions can stimulate, draw [more…]
Managing Conflict When the Deal Won't Close
The potential for conflict is ever-present when negotiating. Disagreement can manifest as differences of views, opinions, personality, and interests. If not managed, these differences can lead to hostility [more…]
Understanding Contract Law when Negotiating Business Deals
Negotiating deals in the business world requires a fundamental understanding of contract law. For starters, in the United States, unless you have a specific arrangement to the contrary, no deal is closed [more…]
Ten Personality Traits of Top Negotiators
A handful of personal characteristics and social attributes contribute to successful negotiations. Nobody has all the traits of a world-class negotiator, but these skills are worth developing if you hope [more…]
Phrases You Should Never Use during a Negotiation
Certain phrases always manage to clank against the ear. The following list covers some expressions that have little place in life, let alone a negotiation. [more…]
