Every business goes through a standard cycle—from start-up and growth, to considering whether to sell or exit the market completely. As lawyers, you play a critical role in guiding clients so that their businesses benefit from thoughtful legal planning and strategy.

Gain a 360-degree perspective of all the critical moments in the lifecycle of a business from seasoned corporate lawyers, and learn how to become a trusted advisor.

This program is designed for:

Business lawyers in the first 8 years of practice
Non-business lawyers with an interest in business law

Key Topics Covered:

Business Start-ups: What are the most popular business vehicles and why?
Shareholder/Partnership Agreements: Common drafting mistakes
Raising Early Stage Capital: What key items need to be negotiated in a typical financing?
Employee Equity Considerations: Interplay between employment laws and equity
Purchasing/Selling a Business: Legal preparations for selling a business
Managing Business Divorces: When to involve litigation counsel?

Detailed Agenda

1. Managing the Client Relationship

Common incorporation mistakes
Advising on which EEA (Employment Equity Agreement) is best
Interplay between employment laws and EEAs
LOI (Letter of Intent) considerations
Inside vs. outside sales
Price and payment adjustments
Key negotiation considerations
Managing M&A transactions
Root causes of corporate divorces
Assessing client objectives, legal rights, strategic options
Becoming tax aware
Understanding project management
When to involve litigation counsel

2. Effective Client Communication re Shareholder Agreements (15 minutes)

Is a basic/simple agreement possible?
Does it need to be a Unanimous Shareholders’ Agreement (USA)?
Common drafting mistakes
Legal implications of unsigned agreements
Timing for execution and review frequency
Lawyer’s role and conflict management
Binding new shareholders to a USA
Best practices and special considerations

3. Importance of Retainer Letters (5 minutes)

4. Ethical Issues During the Client Relationship (10 minutes)

Maintaining a solutions mindset
Understanding client objectives

5. Managing Conflicts from the Outset and Throughout the Relationship (10 minutes)

Asset protection strategies
Protecting shareholder loans
Recognizing and defining roles to manage conflicts
Enhancing negotiation skills

6. Client Confidentiality (5 minutes)

NDA (Non-Disclosure Agreement) considerations

7. Legal Preparation for Selling a Business

8. Structure of Transaction

Asset sale vs. Share sale

Presenters

Jennifer Allen
Jordan Dolgin
Fraser McDonald