Clients typically have a general understanding of what steps have to happen in what order in a deal. Sometimes, though, when that general understanding gets translated into specific words, things don’t always match up. Recently, the folks handling a $1.3 billion loan transaction for Chesapeake Energy ended up with words that didn’t match their expectations.…
Read more
What is a Phantom Equity Grant?
A phantom grant is a contract right to receive a percentage of the sale proceeds upon the sale of the company. It tracks the value of the equity of the company, but is not equity. It does give them the “full value” of the company, unless drafted in a manner to exclude it. The upside…
Read more
Who Owns Business-Related Social Media Accounts?
A company’s social media page, profile and accounts (and its followers and other connections) are generally considered to be valuable business assets. Recent court decisions illustrate the importance of clear policies and procedures to address ownership and appropriate use of business-related social media assets. While most businesses recognize the importance of maintaining a minimum Internet…
Read more
The Three Biggest Privacy Challenges Affecting Technology, eCommerce and Startup Companies Today
The biggest privacy challenges affecting businesses today are regulatory scrutiny from government agencies, media coverage with unintended consequences, and privacy risks that are discovered during corporate transactions. Rapidly growing eCommerce and technology companies typically focus on creating viable products and services, adapting business models and responding to challenges, and using data in new ways to…
Read more