Commercial law

  • Cupid Media risks privacy of the dateless

    Cupid Media risks privacy of the dateless

    The Privacy Act 1988 (Cth) (Privacy Act) requires entities to take reasonable steps to secure personal information.

  • Planning for a business acquisition

    Planning for a business acquisition

    Malcolm Burrows’ series of nine articles, “Planning a Business Acquisition”, provides details to help avoid failure when planning or evaluating a business acquisition. It covers topics such as assembling an advisory team, confidentiality agreements, and due diligence.

  • Building and assembling an advisory team

    Building and assembling an advisory team

    Assembling the right Advisory Team for a business acquisition is critical. Explore a framework to determine the ideal composition for success. Factors such as the Target, Main Barrier and Acquirer must be considered.

  • Selecting and appointing a lead consultant

    Selecting and appointing a lead consultant

    This article provides an overview of how to select and appoint a lead consultant for an acquisition. Learn about key factors such as delegation of power, skills needed, and various roles and occupations lead consultants can come from to ensure a successful process.

  • Should a lawyer be the Lead Consultant?

    Should a lawyer be the Lead Consultant?

    Discover the role of a Lead Consultant in a business acquisition process and the qualities needed for success. Gain insight from case studies and find out the legal advice you should obtain for your own situation.

  • Working with an Expert Adviser

    Working with an Expert Adviser

    Expert advisors may be consulted for business acquisitions, including IT consultants, industry experts, insurance brokers, scientists, lawyers, and patent attorneys. Advisory team must understand role, scope of work, and due date for successful work.

  • Getting confidentiality agreements in place

    Getting confidentiality agreements in place

    Part 5 – Planning a business acquisition Confidentiality Agreements (Confidentiality Agreement or NDA’s) are essential in business Acquisitions, particularly if either the Target or Acquirer is subject to the ASX Listing Rules. Whilst generally an equitable obligation of confidence is applicable, a Confidentiality Agreement reduces the obligations of the parties to writing to ensure that…

  • Preparing staff and others for due diligence

    Preparing staff and others for due diligence

    This article explores the scope of initial due diligence, roles and responsibilities of an Advisory Team, considerations for retained employees, and the importance of project management in the acquisition process. Plus, a disclaimer and contact information for a legal practice director.

  • Pre-acquisition planning – shares or assets?

    Pre-acquisition planning – shares or assets?

    Planning a business acquisition? Consider structure, ownership, securities, contract and assets. Generally, asset purchase or security acquisition? Don’t forget to factor in the Target’s wishes.

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