Growing Pains: Growth Capital Sources and Considerations Part 2: Private Equity Financing

November 21, 2018
By Kathryn L. Hickey
At a certain point in a company's life cycle, founders are likely to be faced with the financial pinch of requiring outside sources of funding to finance further growth and expansion of the business. Previously, I posted an article that focused on one of the two most common paths that companies turn to for growth capital financing: traditional bank debt. In this post, I will focus on the second of the most common sources of financing—private equity investment.

Recent Maryland Case Is a Reminder to Employers to Review the Language of Their Offer Letters, Employment Contracts, and Employee Manuals

November 14, 2018
By Matthew E. Feinberg
The vast majority of states are at-will employment states, which means that an employer may terminate an employee for a good reason, a bad reason, or any reason at all, so long as the basis for termination does not violate a statute or public policy of the state. In Maryland, Virginia, the District of Columbia, and a number of other states, an employment relationship is strongly presumed to be at-will. Thus, even when the employee signed an employment contract, so long as that agreement did not establish a specific period of employment or limit the employer's ability to terminate the employee, the at-will employment doctrine provides substantial protection to employers when employees attempt to challenge their termination in subsequent litigation.

Seller Beware: 5 Tips to Keep Bad Employment Practices from Holding Up a Sale

November 13, 2018
By Sarah L. Nash
Lawsuits and existing labor disputes are obvious impediments to the sale of your business. But short of these red flags, any number of ill-advised practices may slow down or even stop an acquisition from proceeding. Do not enter into serious talks about the sale of your company without first identifying and correcting poor employment practices. Follow these tips to avoid future headaches.

You've Decided to Sell Your Business— How to Be Prepared to Execute the Deal

November 9, 2018
By David T. Shafer
After years of building, growing, and investing in your business, there comes a point at which you start to think about an exit strategy. Perhaps your exit will be transitioning the ownership of your business to a family member or selling the majority of your ownership interest to an investor and taking a back seat going forward, or maybe it's selling the whole business enterprise. Regardless of the type of exit you contemplate, selling a business is not for the faint of heart.

Three Indicators You Need an OCI Mitigation Plan

November 1, 2018
By Michelle E. Litteken
The risk of an organizational conflict of interest ("OCI")—either perceived or actual—strikes fear in the heart of many a government contractor. An OCI may result in disqualification from a procurement, an adverse bid protest decision, or termination of a contract. Although that can be unnerving, in many cases, an OCI is mitigatable if the contractor implements measures to avoid, neutralize, or mitigate the conflict. At the same time, it is critical to implement a mitigation plan early on. For this reason, contractors should be aware of signs that a contract could give rise to a perceived or actual OCI.
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