
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: June 10, 2014

Counsel
212-286-0747 dbrecher@sh-law.comThe former Microsoft executive paid a record $2 billion for the franchise. By comparison, the Milwaukee Bucks sold for $550 million earlier this year.

On paper, the Clippers are not worth the high price tag. In fact, Forbes estimated the value of the franchise at $575 million. However, basketball teams do not come up for sale very often, and they have become a popular investment for the super wealthy.
For potential purchasers who cannot afford to overpay, it is imperative to conduct a thorough valuation. In fact, when buying a business, determining a fair price is the first step to negotiating the best deal possible.
Below is a brief summary of two common valuation methods:
Assets to inspect and appraise include inventory, sales and office supplies, and fixtures and equipment. To obtain an accurate assessment, you often need to hire an expert or appraiser. Intangible assets such as intellectual property and goodwill should also be taken into account, as they can greatly influence profitability. IP may include patents, trademarks, trade secrets, and copyrights, while goodwill refers to a company’s ability to generate above-normal profits based on its reputation, location, employees, etc.
Prospective purchasers should obtain as many financial documents as possible, including current balance sheet, profit and loss statements, tax returns, audited financial statements (if feasible), and accounts payable and receivable. Publicly available documents such as tax liens and UCC-1 forms can also provide valuable information, such as outstanding business debts and ongoing litigation. Determining the future profitability of a business is far more complex than valuing its assets; however, it generally provides a clearer picture of your return on investment.
Steve Ballmer’s offer was likely intended to blow all of the other bids out of the water. He did not plan to engage in a lengthy negotiation process. However, for most potential business purchasers, there will be time and room for negotiation. Once you have gathered all of the pertinent information and arrived at your valuation, you can use it to negotiate a final purchase price.
That price often includes variables that are structured into the deal to bridge the gap that often appears between what the purchaser is willing to pay and what the seller is willing to accept. For example, given today’s low interest rates and low returns on bank deposits, purchasers can actually sweeten the deal with time payments that can serve to defer taxes on the profits from the sale, and pay interest rates as low as five percent. Sellers may also be willing to take back ten or twenty percent of the equity in the business, with a future “put” if that equity at a fixed or variable price, depending on when executed. There are a number of other creative structures available that we have used in arranging for the meeting of the minds necessary to the purchase of a business.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!