How Are Privately-Held Businesses Valued?  The EBITDA and Asset Valuation Approaches The value of closely-held businesses can become the subject of debate, particularly in divorces and business break-ups.  With a closely-held business (typically those that held by family members or who have a small number of investors), there is no public market for the shares or equity interests of the businesses.  As a result, it’s not possible to look on a stock exchange to see

What is the Role of a Parent Coordinator? Parenting coordinators help divorced or separated parents better manage parenting time decisions concerning their children in accordance with agreed upon or judicially approved parenting plans. Despite how well drafted parenting plans may be, they typically do not foresee all of the matters that may arise.  Additionally, the acrimonious relationship that the parents may still have with one another can significantly impact the parents’ ability to come together

In a mediation, the role of the mediator will be to act as a neutral between two or more parties to a dispute.  The mediator is not a judge, and will not determine who is right. Instead, the role of the mediator it to help the parties craft a solution that is mutually acceptable.  To do so, in most mediations, the parties will be in separate rooms, and the mediator will spend time going back

In order to be maximally effective, parties to a mediation should spend ample time preparing for the mediation.  This means the following: Determining the bottom line.   For most disputes, such as those involving money, there will be a bottom line in terms of how little is acceptable to receive, or how much is acceptable to pay.  Don’t wait until the mediation to have this conversation.  The bottom line for the amount you are willing to

Are you (or your clients) involved in business litigation? In many cases, the best course of action will be to identify the issues and facts, and then to use mediation in an attempt to resolve the business matter before costs get unjustifiably out of hand. Our attorneys have years of experience in representing clients in business disputes and in mediation, as well as conducting mediations.  We bring this collective experience to business mediations in helping

Mediation is a process whereby a third party – called the “mediator” or “neutral”- works with opposing parties in a dispute or litigation to try to help the parties resolve their matter prior to trial.  The mediator is not a judge, and does not have any authority to render a judgment with respect to the outcome or dispute. The Advantages of Mediation The advantages of mediation include: Faster possible resolution.  Often, it can take a

What are Subchapter S Corporations, and What Owners are Eligible? Perhaps you are starting a business, and have heard about a popular type of business entity known as a “subchapter S corporation.”  What, you may wonder, is a subchapter S corporation, and how is it different than a “regular” corporation?  And, is my business eligible? The Legal Rights of a Subchapter S Corporation and Taxation Legally, a subchapter S corporation is exactly the same is

How are Subchapter S Corporations Taxed? Subchapter S corporations are not taxed on income at the corporate level.  Instead, net income (or losses) are allocated to the shareholders in proportion to each shareholder’s share ownership, and then each person is taxed on the profits (or will have a deduction for losses).  Let’s consider an example: Suppose a subchapter S corporation makes $100 in a year, and there are 4 equal shareholders, each of whom own

What Needs to be Done to Preserve Limited Liability Protection? Indiana and other states provide that the owners of corporations and limited liability companies (shareholders and members, respectively) generally will not have any personal liability for business debts.  The law treats such businesses as separate legal entities, and this limited liability protection is a very important reason that most business owners will be better off by forming their business as a corporation, limited liability company,

Non-Compete and Non-Solicitation Agreements – What are the Enforceability Limits? The courts have long held that businesses have a legitimate interest in protecting critical assets, including non-public ways in which they conduct business and valuable customer and client lists.  Similarly, courts have also held that employees have a legitimate interest in not having their employment opportunities eliminated through prohibitive agreements that may be required by employers. What, then, is the outcome when an employer attempts

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