NYSBA Member: $125 | Business Law Section Member: $100 | Non-Member: $225
The Purchase and Sale of a Business
This program will take you through key steps in the purchase and sale of a business. Learn key skills in negotiating, drafting and writing contracts.
The role of a transactional attorney differs mightily from that of a litigator. Unlike litigation, a business deal is not -- well, at least it should not be -- a confrontational event. It is an undertaking to build an "agree"ment that benefits all parties.
Consequently, the negotiation and preparation of the documents require unique disciplines. The negotiation must be constructive, seeking to blend differences into consensus while not ignoring the advice of "The Gambler": Know when to hold 'em; know when to fold 'em; know when to walk away; and know when to run.
Similarly, writing a contract differs from other forms of writing. Its object is not to persuade or to convey information or to entertain. A contract is simply a set of instructions, a design for a business relationship or a business deal. And if that contract is not properly crafted, it will provide a playground for litigators. In fact, the job of the transactional lawyer is to place commercial litigators on the endangered species list.
Sponsored by the Committee on Continuing Legal Education.
Friday, March 20, 2020
2:00 p.m. – 5:00 p.m. | This program is being recorded but will not be livestreamed. All registrants will receive access to the archive recording.
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas (between 43rd and 44th street)
New York, NY 10036
3.0 MCLE Credits | 3.0 Skills
NYSBA Member: $125 | Business Law Section Member: $100 | Non-Member: $225
Agenda Topics:
> Applicable legal considerations
> Different types of an acquisition and their pros and cons
> Letters of intent vs. term sheets
> Confidentiality agreements
> Acquisition agreement (warranties and due diligence, indemnities, non-compete agreements)
> Opinion letters and multi-jurisdictional transactions
> Employment contracts for employees remaining with the business
> Shareholder agreements (acquisitions of less than 100% of the company)
Program Faculty
Peter Siviglia, Esq. | Author of "Commercial Agreements - A Lawyer's Guide to Drafting and Negotiating" (Thomson Reuters)
David A. Gilbert, Esq. | Blank Rome LLP
Tuition Assistance: Any New York attorney who has a genuine financial hardship may apply for tuition assistance for a CLE program. Learn more at www.nysba.org/TuitionAssistance.
Newly Admitted Attorneys: This program is transitional. For more information about the CLE Rules, please go to www.nycourts.gov/Attorneys/CLE.
Out of State Accreditation: This program has also been approved for MCLE credit by the State Bar of California, the Pennsylvania Continuing Legal Education Board and the Board of Continuing Legal Education of the State of New Jersey. If you require MCLE credit in other states, we can provide you a Uniform MCLE Form.
Partial Credit for Program Segments Not Allowed: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.
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To view the full list of Continuing Legal Education Programs, click here.
If you have any questions about this program, please contact Patrick Boland, Program Manager or Leanne Isabelle, Program Coordinator.
To register, please click the “Register” button or contact our Member Resource Center at 1-800-582-2452.
