Tag Archives: exit strategies

What’s in YOUR Nondisclosure Agreement?

A Nondisclosure Agreement (NDA) has become one of the basic standard documents in every company’s wallet. Between the rising swell of Baby Boomer owners entertaining exit planning, and greater caution surrounding the legal issues of strategic partnering, an NDA is … Continue reading →

Posted in Entrepreneurship, Exit Planning | Tagged , , , , , , , , , , , , , | 5 Comments

5 Responses to What’s in YOUR Nondisclosure Agreement?

  1. Jim marshall says:

    In some areas an NDA requirement preventing hiring any your employees have been found not legal because of is effect on freedom to find new employment for the employee. EG where there are limited opportunities for certain skill sets in the geographic area.

  2. In many areas, employees’ response to an open advertised employment solicitation is normally not covered by the NDA’s restrictive provisions….while direct contact is. From a client perspective, it is important to note the difference and that the risk exists, but is essentially the same as it is in “normal” times.

    • John F. Dini says:

      Good point Richard. Actually most large companies won’t agree to a non-employment clause for just that reason. They don’t want liability (or screening responsibility) for normal recruiting activities. With smaller acquirers, JV and merger discussions, I have seen it included (subject to state unemployment law, as was previously noted.)

  3. Ted Leverette says:

    One of the biggest mistakes too many searchers/buyers make entering the buy/sell playing field is not getting their own NDA signed by brokers, owners and sellers of companies. (Not to mention some of the horrible NDAs foisted on searchers.)

    • What about protecting the fact that you want to buy a business . . . and you don’t want your employer to know about it?

    • How about the content of your financial statement and borrowing power?

    This is why the advisory teams of savvy buyers and sellers include experts with a proven record of facilitating win-win deals that should occur.

    • I, for example, won’t collaborate with buyers unless they hire the right kind of attorney and tax advisor at the right time and then properly engage those specialists. It’s good for all of us.

    BTW, it’s 2 a.m. right now at home in Florida and I’m awake reading John Dini’s excellent website (awakeat2oclock.com) while awaiting a call from someone I’m helping in the UK.

    • “Awake at 2 o’clock” . . . I wish I had thought of that title!!!!

Leave a Reply

Your email address will not be published. Required fields are marked *

What Should A Small Business Insure?

Every business carries insurance. Some is required by law, such as unemployment insurance or coverage on vehicles. Most is optional, but there is “common sense” coverage and more esoteric policies intended to help you recover from company-threatening events. I’ll spend the … Continue reading →

Posted in Entrepreneurship, Exit Planning | Tagged , , , , , , , , , , , , , , , | 1 Comment

One Response to What Should A Small Business Insure?

  1. Richard Hummel says:

    Great reminders. Falls under the category of continuity planning which is vital for most family businesses…at least mine.

Leave a Reply

Your email address will not be published. Required fields are marked *

What is the Right Price?

Of all the misconceptions by business owners, the ones surrounding their company’s value are both the most common and often wildly inaccurate. I’ve been working for the last couple of months on the training videos for advisors in our new product, The ExitMap®. … Continue reading →

Posted in Building Value, Exit Options, Exit Planning, Exit Strategies | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

The 7 Deadly Sins of an Entrepreneur — Reprise

I make no claim that using the Seven Deadly Sins as a metaphor for business behavior is original. Of course, the original concept is a codifying of “undesirable” human behaviors, or sins. The work probably comes from the Latin word … Continue reading →

Posted in Building Value, Entrepreneurship, Exit Planning, Leadership, Management, Thoughts and Opinions | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

The Seventh Entrepreneurial Sin — Pride

Every business owner should be proud of his or her business. If you are the founder, you built every system, and probably landed the biggest customers. If you bought the business, you took what was in place and made it … Continue reading →

Posted in Building Value, Entrepreneurship, Exit Planning, Leadership, Management, Marketing and Sales | Tagged , , , , , , , , , , , , , | Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *