November, 2018

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Growth: Turn Down for What?

Quantive

We spend a lot of time talking (and talking, and talking) about revenue trends and earnings trends and successfully selling or exiting from a small business. A lot of people are going to successfully exit their business. They’ll do it on their own terms and get a reasonable return for their efforts.

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Top 10 Cross-Border M&A Trends across the Pond

Cooley M&A

In spite of a general environment of political and economic uncertainty and a daily sprinkling of stock market volatility, trade wars, sanctions, the U.S. government shutdown disrupting the market for IPOs, Brexit uncertainty, natural disasters and various other crises, cross-border M&A activity momentum continues. New records were attained in the past twelve months, eclipsing the previous highs set pre-2008 financial crash.

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Do LLC Members Have Appraisal Rights? Depends on the State.

Appraisal Rights

While some of the largest businesses in the United States are corporations (i.e., incorporated entities under a state’s corporations law), many businesses today are also formed as Limited Liability Companies, LLCs for short. An LLC is a creature of state statute; Delaware, California, Florida (among many other states) have LLC statutes allowing for the creation of this often modular business form.

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Understanding Seller’s Discretionary Earnings

Quantive

So you’ve heard someone throwing around the term “Seller’s Discretionary Earnings” and you find yourself thinking “my earnings aren’t discretionary at all.” Let’s jump in and understand this oft-misunderstood term (which also, confusingly, goes by “Seller’s Discretionary Income,” SDE, and SDI…).

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How to Leverage Intent Data for Better Outcomes

Speaker: Susan Spencer, Principal of Spencer Communications

Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.

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On Playing Offense

Quantive

“…Whatever Someone Is Willing to Pay” A phrase we hear pretty frequently is “a business is worth what someone is willing to pay for it.” And of course, this is a true statement. When a business sells… that’s the number. But the problem with this statement is that it’s reactionary. Reactionary is bad.

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SBA Loan Checklist

Quantive

Getting ready to request an SBA Loan for financing? Like a lot of things in life, it’s best to go into it being prepared. That means understanding the SBA Loan Process, and doing all your homework early.

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Enterprise vs. Personal Goodwill: How they differ and affect divorce valuations

Quantive

Estimating a value of intangible assets such as goodwill can be highly speculative. This is often a significant point of contention in scenarios involving two parties rallying for a fair market value of a business. We see it all the time in divorce proceedings.

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5 Steps to Selling Your Business

Quantive

Selling a business can be a stressful event. Given the size of the asset – and likely it’s importance to your retirement – you can just imagine that there are going to be some white knuckle moments. To reduce your anxiety level and increase your odds of success, here are five items to consider as […].

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Student Note: Appraisal Remedy Remains Critical Shareholder Protection

Appraisal Rights

In “ Appraisal Arbitrage: In Case of Emergency, Break Glass” – a student note published in the Notre Dame Law Review (93 Notre Dame L. Rev. 2191) – the author lays out a case for why appraisal, including appraisal arbitrage, remains critical to the overall scheme of shareholder protection. As the author observes, many a critique of appraisal focus on the “who” of recent appraisal cases, focusing their attention on the appraisal arbitrage strategy and decrying that arbitrageurs (as opposed to, on

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Upcoming Handbook To Cover Appraisal as Representative Litigation

Appraisal Rights

Appraisal sits in a somewhat odd area between what is traditionally understood as ‘class’ litigation – i.e., when a person or persons seeks to represent an entire group of all ‘similarly situated’ persons. This is the model of the vast majority of securities litigation, consumer fraud litigation, mass tort, and other claims. The benefit to the representative-plaintiff is that the potential damages are aggregated, even where a single persons damages would be minuscule and not worth litigating;

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Statement of Cash Flows vs. Cash Flow Statement

Speaker: Wayne Spivak - President and Chief Financial Officer of SBA * Consulting LTD, Industry Writer, and Public Speaker

The old adages that "cash is king" and "you can’t spend profits" still hold true today. But however well-known these sayings might be, it requires a change in mindset to properly implement a cash flow management system that predicts your business's runaway as accurately as possible. Key to this new mindset is understanding the difference between the Statement of Cash Flows, a historical look at the source and uses of cash, and the Cash Flow Statement, which uses transaction history and forward-l