And You Thought Marriage Divorces Were Ugly, Try A Business Divorce

Co-owners of a medical practice can fight worse than an old married couple, and if there is no way in the ownership documents to “break the tie,” the results are usually a financial disaster. Some of the most contentious litigation occurs between two unhappy business partners. Whether the dispute is between deadlocked equal partners, or […]

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New Rules Would Facilitate Securities Sales

On July 10, 2013, the Securities and Exchange Commission (SEC) promulgated long-awaited rules which will allow and govern how business owners and entrepreneurs may use media and advertising to reach potential investors. The rules implement a requirement in the 2012 JOBS Act to lift the ban on “general solicitation” under current Rule 506 of Regulation […]

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TPC’s Analysis Of President Obama’s 2014 Budget

The Tax Policy Center (the “TPC“) has published its analysis of the tax proposals included in President Obama’s 2014 budget.  The analysis finds that President Obama’s proposals would have the intended effect of “significantly [raising] taxes on the highest-income American households.”  At the end of the day, the TPC concludes that all taxpayers, including those […]

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Filer Beware – the Growth of Fraudulent Tax Returns

The filing of fraudulent tax returns resulting from identity theft is a growing business in America.  If it wasn’t bad enough that the criminals would try to get money out of your bank or use the information to purchase goods on your account, they now want your tax refund!  Treasury tells us that for the […]

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The Hazard of Having a Dominant Customer (And How to Keep Your Biggest Customer From Controlling You)

Let’s suppose you want to break Apple’s grip on the smart phone market.  So you build a similar operating system and give it away to everyone for free (keeping the right to advertising revenue, of course).  It works spectacularly.  You beat Apple at its own game but then, just when you thought you cornered the […]

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How Could Avis Blow It?

In my last blog post, I wrote about the wisdom of Avis’ purchase of Zipcar for $500 million and the challenge that each company faces to become a brand based company like Zipcar. Now that Avis owns Zipcar, what’s their next move? It’s important to remember that Avis bought Zipcar for its brand/trademark and the […]

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Converting Reputation into Serious Money

In my previous blog post, I argued that reputation, if converted into brands/trademarks, can be the most valuable asset for a company.   While all companies claim to have “brand”, typically the company’s name  but it is mostly a sign on the door and has not considered a key access. .  These companies are “ME” companies; […]

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What Buyers Really Buy

In my last blog post, I discussed the importance of making your company attractive to buyers because the need/desire to exit can arise quickly and without warning.  In order to make your company attractive to buyers, you must first understand what buyers buy. One of the most common errors of privately held business owners is […]

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Start at the End (and Work Backwards)

If you want to get somewhere, start at the destination, and work backwards.  Nowhere is this more true than in business succession/exit planning. If you are of the boomer generation, think back to when you started your company.   It was exciting, scary and, at times, a bit (or maybe very) crazy.  I’ll bet that the […]

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New HIPAA Rules Issued: “Sweeping” Changes for Healthcare Providers and Business Associates

“On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long-awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the “Final Rule”). The Final Rule, which was published in the Federal Register on January 25, 2013, has been described as “the most sweeping changes […]

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