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Advancement Versus Indemnification

Advancement Versus Indemnification

A lawsuit is all about positioning. Plaintiffs start with the power – they choose the who, the what, the when, and where of an action.  Plaintiff always wants to maintain control.  Defendant seeks to shift the center of gravity in a lawsuit – to stop the...

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What is Schedule TO?

What is Schedule TO?

Want to be a master of the universe and conduct a hostile takeover of that company you think you can run better than the corporate drones spending shareholder money?   Do you think the company you are eyeing is better broken down and sold for...

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Using Mediation to Resolve Commercial Disputes

Using Mediation to Resolve Commercial Disputes

Mediation can be a cost-effective and efficient method to resolve complex commercial business disputes. This form of alternative dispute resolution is often required by individual contracts as a first step to litigation. When both parties are willing to compromise,...

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What is an S-1?

What is an S-1?

How does a company transition from a privately-held entity to a publicly-traded corporation?  You need to register with the Securities and Exchange Commission.  How do you register?  A corporation has a few options to register with the Commission, but...

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What Are Bylaws?

What Are Bylaws?

Bylaws are the rules by which a corporation governs itself. Bylaws are established by the Board of Directors at the time of formation to regulate the company’s day-to-day operations and specify how issues will be handled as they arise. Simply put, they help to ensure...

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What is a Proxy?

What is a Proxy?

A corporation’s day-to-day operations are managed by the board of directors through their designees, the officers of the company. While the officers perform a significant amount of the day-to-day work, the directors provide advice concerning big-picture decisions....

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