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Showing 4 posts from April 2015.
Asset vs. Stock Purchase: Basic Asset Purchase Agreement Provisions
An asset purchase agreement ("APA") is the heart of an acquisition, the document where the terms of the deal are struck. The terms of an APA will impact, among other things, the actual cost to the buyer, the amount received by the seller and the parties' obligations to each other for possibly years after the consummation of the sale. This post will begin a discussion of the various provisions of an asset purchase agreement and how the terms agreed to can favor one party to a transaction over the other, beginning with a brief look at terms that concern assumed and excluded assets and liabilities. More >
Planning for Incapacity
While an estate plan has obvious uses - i.e., planning for the disposition of estate assets after the death of a testator - some of the lesser-known benefits of a well-written plan are the provisions that provide for both management of assets and instructions for personal care in the event of incapacity. More >
Lessons from Law Firm Management: The Multigenerational Workforce
Today one of the more complicated challenges facing law firms is the ability to bridge cultural divides and expectations within a multigenerational workforce. Law firms are often comprised of a wide swath of generations, from partners in their early sixties nearing retirement to young associates in their mid-twenties. The McBrayer group is no different. While our oldest attorneys are Baby Boomers, our newest associates are Millennials, a generation of people who have come of age in the shadow of today's modern technology. To add to this mix is Generation X, sandwiched in between. Each generation brings with it its own life experiences and expectations about the culture of the firm, the amount of work required to be successful within the firm, and what it believes is the appropriate balance between work and life. Often times, these expectations do not appear compatible. However, reflexive leadership responds to these varying expectations and applies these unique generational characteristics in the ways that best serve the firm and its clients. More >
Estate Planning for the Digital Life
While individuals will eventually pass on, the internet is forever. Online accounts from games, apps and social media are becoming increasingly valuable. In an age of expanding online presence, estate planners and administrators should take into account the digital life of the client or the decedent, even if online accounts may not always trigger ownership or property issues. More >
