Tag: law

How to plan for business legal disputes

February 25, 2016
At one point years ago, my business partner and I were discussing how the arbitrator costs for a month of pre-hearing activity was 1/3 of our original out of pocket claim. What is the “deductible” on business claims? How expensive...
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Understanding alternative fees (ahead of our time)

July 12, 2012
A recent Forbes article describes the alternative fee problem, how to reasonably price legal fees using something other than an hourly basis, as a potential application of big data analysis. Conveniently, we said this over three years ago in describing...
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Innovative selling models are constrained by the law

May 13, 2011
Springwise recently posted about a group buying site, this time from India, that actually has a new twist: real estate. This model is a good idea for tenant-in-common real estate deals, where you could sell a small commercial office building...
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Why pretend Facebook is a sure thing?

February 4, 2011
Dear NY Times, Please stop writing about corporate finance. Nobody who worked on this article appears to know anything about securities laws, corporate finance, reasons companies go public, or how to read past issues of this paper. Securities laws: Facebook...
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Do you track liquidation scenarios in your startup?

February 1, 2011
Fred Wilson has had a series of posts relating to M&A transactions, generally revolving around case studies. This one on ChiliSoft describes how certain features embedded in the capitalization table (liquidation preferences and floating price warrants), coupled with being acquired...
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Is your firm ready for alternative fee structures?

January 21, 2009
Since I’ve been involved in the legal profession — fifteen years now — firms and general counsel have been talking about alternative fee structures. The failings of the billable hour system as well as the reasons for its persistence in...
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Legal Spending per share is wrong metric

October 24, 2008
A recent PLI newsletter article referenced an idea of measuring legal department spending in terms of $0.xx/share. The editor notes, correctly in our opinion, that the per-share measure is likely to be unsuitable over the long-term because share numbers change...
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How to allocate risk you find in due diligence

September 21, 2008
We generally subscribe to the theory that commercial contracts are about allocation of risk in a transaction. Dealbook today writes about a clause in the Merrill Lynch / Bank of America merger agreement. Here’s the clause: “(c) No investigation by...
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