Business Divorce: Planning for the Exit of a Private Company Owner

Anticipating and Addressing Issues of Asset Division, Compensation, Competition and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, July 25, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide business counsel with a roadmap for navigating the thorny issues that arise when a private entity faces a business divorce. The panel will explain how a well-constructed exit plan can help separating owners minimize adverse financial consequences and owner disputes.

Description

When forming a new business, owners rarely consider what will happen if they later become adversaries. However, many private companies will face an ownership crisis that requires one or more owners to exit the business. These "business divorces" can have significant legal and financial implications for owners.

A well-constructed exit plan included in the organizational transactions and governing documents at start-up can help lessen the financial impact when a business divorce occurs. The plan should address asset division, owner compensation, and competition restrictions, among other issues.

Business counsel is best positioned to help owners create a viable exit strategy at start-up. Failing to do so could result in reputational damage to the attorney and firm, malpractice threats, or a report to the bar for ethical violations when disputes between the owners ultimately arise.

Listen as our authoritative panel of attorneys explains best practices for handling business divorces. The panel will discuss how an effective exit plan can help preserve the value of the company and its assets, and also minimize the risk of business dissolution or litigation.

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Outline

  1. Reasons for exit
  2. Advance planning
  3. Legal representation
  4. Initiating an owner exit
  5. Form of owner exit
  6. Purchase price and terms
  7. Ancillary issues

Benefits

The panel will review these and other key questions:

  • What is a business divorce?
  • What legal and business issues commonly arise when one or more owners decide to exit a private company?
  • What are the components of a well-constructed exit plan and some best practices for negotiating and drafting such a plan?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Gregory F. Monday
Gregory F. Monday
Partner
Foley & Lardner

He counsels companies and their owners on governance, operations, and ownership issues, including entity...  |  Read More

Donna Berkelhammer
Donna Berkelhammer

Counsel
Sands Anderson

The heart of her practice involves counseling business leaders through transactions during the entire life of the...  |  Read More

Kenneth R. Appleby
Kenneth R. Appleby

Partner
Foley & Lardner

He is a member of the firm’s Taxation, Estates & Trusts, and Private Equity & Venture Capital...  |  Read More

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