Legal Blog Articles by Dan Brecher
Dan Brecher is a securities offerings & corporate disclosures attorney who writes articles on securities offerings & corporate disclosures, mergers & acquistions, and litigation.
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Can Businesses Use a Letter of Intent as a Binding Agreement to Work Together?
Author: Dan BrecherDate: August 31, 2021
When businesses agree to work together, there are often a lot of details to work out. A letter of intent or memorandum of understanding can be used to formalize an agreement to move forward toward a mutual goal. Whether it amounts to a legally-binding contract depends on the intent of the parties, so it’s essential to make sure everyone is on the same page.
In many cases, a letter of intent or memorandum of understanding (MOU) is not a contract. Instead, it signals that a more formal (and legally binding) agreement is contemplated at the conclusion of the negotiations. In addition to confirming a willingness to work together, a letter of intent may also outline the purpose and the scope of negotiations and outline what has been agreed to so far.
SEC Approves NASDAQ Board Diversity Rule – What Listed Companies Must Do Next
The SEC recently approved Nasdaq Inc.’s Board Diversity Rule, which will require all companies listed on Nasdaq’s U.S. exchange to publicly disclose...
Will the SEC Issue New Disclosure Rules for de-SPAC Transactions?
The SEC is keeping a close eye on special purpose acquisition companies (SPACs)... The Securities and Exchange Commission (SEC) is...
Will the SEC Move to Restrict Private Offerings Under New Leadership?
The SEC rulemaking agenda includes rule proposals that could significantly impact the private offering market... The Securities and Exchange Commission’s...
Will You Be Impacted by the SEC’s New Regulatory Agenda?
The SEC recently announced its regulatory agenda, which reflects short-term and long-term actions to be taken by the agency... The...
What Will Capital Raising Look Like for Small Businesses Post-Pandemic?
June 22, 2021
While capital formation has always been challenging for small businesses, the COVID-19 pandemic has made it even more difficult to...
Is Your New York Nonprofit Ready for the State’s New Disclosure Reporting Requirements?
June 16, 2021
Certain New York nonprofits must file an annual financial report, a funding disclosure report, and/or a financial disclosure report... In...
Top Considerations for Private Companies Considering a SPAC
April 15, 2021
Special purpose acquisition companies (SPACs) are one of the hottest ways to go public right now... Special purpose acquisition companies...
What State Law Governs Disputes Over D&O Claims?
April 12, 2021
The outcome of coverage disputes involving directors and officers (D&O) insurance can be greatly influenced by the state law applied in...
Investors Should Be Wary of “Opportunities” Found Via Social Media
April 7, 2021
Investors should be wary when using information from social media to inform their investment decisions. Amid the COVID-19 pandemic, social...