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On this podcast episode, a discussion with a top bankruptcy and restructuring lawyer provides insights on the ways COVID-19 causes financial distress to businesses, the parties involved, and why it may take some time before companies become distressed. It also addresses new rules that streamline the bankruptcy process for smaller businesses to...

There is no avoiding the subject: COVID-19 has made it a tough period for many U.S. businesses. While a few sectors have benefitted from the pandemic, the vast majority are considering taking on additional debt or equity, selling off portions of the business, liquidating the business altogether, or declaring bankruptcy. This high-level overview pro...

COVID-19 has pushed many healthy businesses into a distressed position where they find themselves needing to raise financing, restructure debt, or sell the business to survive. For private equity funds with dry powder—available cash—on hand, a strategic investment in those businesses are under consideration. However, an acquis...

As a clearer picture of each U.S. presidential candidate’s platforms emerges, many have yet to consider how a potential change in leadership may impact their current estate tax and income tax. This guides provides a thorough outline and comparison of both Biden’s and Trump’s tax platforms and includes possible impacts to high-inco...

Planning for future generations is the greatest gift family businesses can give, particularly during times of uncertainty. Transferring assets while they have a low value is a technique that is used to lock-in or freeze those low values in anticipation the asset will one day significantly increase in value. There are estate tax planning techniques ...

Business closures have been immensely difficult for companies of all sizes during the COVID-19 pandemic. But reopening is proving difficult, too, especially given the ever-changing nature of the pandemic. As cases have surged in new parts of the country, businesses have been forced to reassess their operational plans in both the near- and long...

There are policy changes and new procedures that companies—including family offices—should consider when reopening amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country. But companies cannot change policies in a vacuum. Instead, they must clearly and effectively communicate these changes to em...

Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future, as resurgences may occur at any time in different parts of the country. In preparation for future infe...

Business divorces are often messy. The reasons vary—personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. When majority owners seek advice of the company’s attorney to formulate a plan to force out a minority owner, the company expects this advice to be covered by the attorney-client...

Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. But when there is a disagreement or dispute, it can create a situation where someone is looking for ways to force out owners of non-controlling shares and seek the advice of the company’s attorney to for...

Solving disputes among business partners and owners in a privately held business can quickly become complicated matters that end up calling for access to an LLC or corporation’s privileged communications. Only in rare circumstances can there be access to those privileged communications. Most courts apply a fact-intensive test that is dif...

Year-end planning presents abundant opportunity to consider and optimize tax strategies. For the executives who have faced tremendous demand to lead companies through dynamic shifts during a year of historic change and disruption, it is important to be particularly mindful of tax implications that may arise from equity-linked compensation. As the y...

Year-end tax planning is always challenging, but the coronavirus pandemic has added a whole new layer of complexity to the equation for individuals, families, and businesses across the nation. The potential tax ramifications are significant. There are a number of tax developments to consider for the current tax year.

Unlike businesses with a single controlling owner or several owners, a 50/50 business by its very nature is ripe for disagreement between its owners. Owners of a 50/50 business will need to proactively consider how to handle disagreements when setting up their business venture and drafting their operating agreement, shareholders agreement, or partn...

Minority owners of a business face unique challenges. With limited or no control over the management and governance of a business, minority owners can be unfairly left in the cold or squeezed out. However, deliberate preparation and negotiation at the initial stages of the business can set up minority owners with the necessary tools and formation a...