Honest services fraud is a powerful tool in prosecutors’ hands. It is not always intuitive, and the elements of the crime are sufficiently malleable to fit a broad swath of situations involving bribery or kickbacks.... Continue Reading
Posted In: Business Strategies
Learn about the difference between the Right of First Refusal and the Right of First Offer as well as the effect on the buyers & sellers after enacting either.... Continue Reading
Posted In: Entrepreneurs & Start-Ups
Delaware’s Court of Chancery applies greater scrutiny when reviewing board actions that affect stockholder voting. Learn more about shareholder voting rights.... Continue Reading
Posted In: About Corporations
Non-compete provisions prevent workers from disclosing trade secrets. Learn about a rule posed by the FTC that would ban all non-compete clauses.... Continue Reading
Posted In: Business Strategies
Can directors vote by proxy at board meetings? Learn about the rules of board meeting votes and what happens when a board member cannot be present.... Continue Reading
Posted In: About Corporations
Divorce is brutal, even at its most amicable. Company founders need to consider the risks that a business owner’s divorce presents to the company. In this new blog, we present common-sense considerations to take into account and outline the steps to mitigate the risk to the business as much as possible.... Continue Reading
Posted In: Entrepreneurs & Start-Ups
The Delaware Legislature adopted the amendments to the Delaware General Corporation Act which all directors, officers, and stockholders of Delaware corporations need to become familiar with. Jarrod Melson explains the changes you need to consider in this new blog.... Continue Reading
Posted In: About Corporations
Depending on how well you communicate your clickwrap agreement & amendments to your consumers, they may or may not hold any legal binding in court. Read Jarrod's new blog to get all the details.... Continue Reading
Posted In: Business Strategies
Read about corporate conflict resolution and the principle of neutrality in Delaware corporate law. Contact our team at Harvard Business Services, Inc. today.... Continue Reading
Posted In: Business Strategies
Discover some of the rules & regulations of setting director compensation. Learn about how the financial interest of both the director & the board can be met.... Continue Reading
Posted In: Business Strategies
The Delaware Court of Chancery issued an opinion about Delaware LLC veil piercing. Jarrod Melson reviews a few notes about piercing the corporate veil.... Continue Reading
Posted In: The Delaware Advantage
Part IV of the Selling Your Small Business series of posts discusses three features relating to the payment of the purchase price for a business: holdbacks, escrows and earnouts.... Continue Reading
Posted In: Business Strategies
This Part III of the Selling Your Small Business series of posts discusses the two main options for structuring the sale of a business: the sale of the assets of the business and the sale of the equity interests in the business entity. This post broadly describes the differences between the two approaches and the tax and liability implications of each upon the purchaser and the seller.... Continue Reading
Posted In: Business Strategies
On June 10, 2021, the Delaware Legislature passed a number of amendments to the Acts governing corporations, LLCs, and limited partnerships, making similar changes across the respective Acts. The amendments are expected to be effective as of August 1, 2021. This article focuses on three changes to LLCs, and the likely effect of amendments on drafting LLC operating agreements, and day-to-day dealings with LLC members and third-parties.... Continue Reading
Posted In: The Delaware Advantage
These new laws require that women and members of “underrepresented communities” constitute a certain percentage of the board of directors of certain companies, depending upon the size of the company’s board.... Continue Reading
Posted In: Business Strategies