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Do You Need a Lawyer?

October 19, 2017

There may come a time in your company’s business when you must decide if you need to consult a lawyer. Here are some factors that can help you determine whether this is indeed necessary or not.

#1.  What is the amount at stake? If you are looking at low dollars, it is probably not cost beneficial to involve a lawyer. You probably can afford to take the financial risk of any losses.

#2.  What is the risk? What is your liability exposure?… Read the rest

Getting Fresh, New Thoughts into Your Business

October 18, 2017

As your business grows, you are going to have challenges. Our friends at Strategic Coach would call this the “ceiling of complexity.” At some point, your business will get so complicated that you will not be able to manage it effectively. You cannot figure out how to make the business work better, and it will not grow without new thought or fresh ways of thinking about it.

How do you get new ideas into your business? How do you bring outside perspective?… Read the rest

Finding Real Solutions in a Successful Partnership

October 17, 2017

Conflicts are going to happen, even in the most successful partnerships. As a partnership develops, some of the biggest struggles can be finding solutions to these conflicts. One of the reasons people shy away from partnerships is the possibility of disagreement. How do we put arrange things to make sure that the partnership minimizes the risk of disagreement and keeps the business progressing?

One key thing to do, when you are looking at a particular problem in your partnership, is to define the problems together before you start looking for answers.… Read the rest

The Danger of Signing Form Contracts

October 16, 2017

They’re out there everywhere. There’s form of contracts for this and form of contracts for that. In our prior blogs, we’ve warned about some of the risks of using forms for your business, but what about when a form’s presented to you by a vendor or by a customer? Do you just take it and sign it? The answer should generally be no. There’s a lot of things that could be wrong in a form contract. Many times we found that the form contracts have been re-utilized or copied and pasted.… Read the rest

Why to be Concerned About NDAs or Non-Disclosure Agreements

October 13, 2017

In the business world, NDAs or non-disclosure agreements are very common. It’s very typical for people early in the transaction to pass NDAs or non-disclosure agreements around and ask each other to sign them. Many people don’t think much about signing them. They just say oh, it’s an NDA. Sign it, but you need to be very careful about what that NDA does.

These are contracts between people and they should typically be legally enforceable. You want to be careful about what you’re agreeing to in a legally enforceable document.… Read the rest

Why You Need Independent Advice

October 12, 2017

There’s a lot of information out there. Deals can be very complex. What may look good for one company may be bad for another. That’s why it’s so critical you get independent advice. You need somebody in your corner. We as attorneys are used to dispelling independent advice. That’s our job. It starts with a conflict check, where we make sure we can represent that client and that our interest of our other clients isn’t going against the needs of our client.… Read the rest

What is a Conflict Check?

October 11, 2017

You know, the word conflict check rolls off a lawyer’s tongue very easily. It’s something we’re used to doing. Essentially, the way our attorney ethics rules are written is we’re only allowed to work with one client in a particular deal if their interests are out of alignment with another client. We can work together with two clients if their interests are aligned and the clients know that we’re working with both of them, but in most cases, we have a tension between parties.… Read the rest

Advantages of Incorporating in Delaware

October 10, 2017

Delaware is the top jurisdiction for corporate law in that over 60% of the major companies are incorporated there. The courts of chancery have developed a coherent body of law, which other jurisdictions now follow.

Other states have tried to copy Delaware’s success with limited results. But it’s not just about copying the statute, it’s also about having a body of professionals who are experts in that law and who have provided a well-developed framework that the companies can rely on.… Read the rest

All postings are intended to be planning tools to familiarize readers with some of the high-level issues discussed therein. No posting is intended to be a comprehensive discussion and additional details should be discussed with your transaction planners including attorneys, accountants, consultants, bankers and other business planners who can provide advice for your circumstances. This article should not be treated as legal advice to any person or entity.


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