Palo Alto, California (PRWEB) October 20, 2011 Palo Alto Business Attorney Douglas Y. Park, Principal of DYP Advisors, offers business informed legal services to make mergers and acquisitions run more smoothly. Drawing upon its experience in small and middle market transactions, the firm will initially focus on deals with a purchase price of up to...
What are the board of directors' duties during the sale of a company? That is, when the seller is experiencing a change of control or a merger or acquisition? Fiduciary Duties During The Sale of a Company As always, the board must observe its duty of care and the duty of loyalty. The duty of care...
What fiduciary duties does the board of directors have to shareholders? Where do these duties come from? Are these duties particular to Delaware corporate law? In a recent post, I discussed the board's fiduciary duties to the corporation. In response, Alex Todd (Twitter handle:@TrustEnabler) asked the three questions above. These questions raise important issues about...
Do corporate officers such as CEOs and CFOs have fiduciary duties to the corporation? Do senior executives owe the same responsibilities to the corporation as board members? These questions often lie in the shadow of the board of directors’ fiduciary duties as a corporate governance issue. Many CEOs and other senior executives do not realize...
How does competition among companies affect the transaction costs of patent portfolios? The answer helps us understand the economics behind different IP governance structures, such as licenses (in-licensing, out-licensing, cross-licensing), joint ventures, and patent pools. Prevously, I described how the transaction costs of allocating intellectual property rights influence merger and acquisition strategy. For this discussion, I focus...
Palo Alto, California (PRWEB) August 23, 2011 Douglas Y. Park, a Palo Alto Business Attorney, will teach Preparing Your Company for Merger or Acquisition through the Stanford University Continuing Studies Program during Fall 2011. “Because merger or acquisition is the most common exit strategy for startups, an entrepreneur or executive must understand the key issues...
What fiduciary duties does the board of directors have to the corporation? Potential and sitting board members care about the scope of these duties as a corporate governance issue. Shareholders can sue directors for breach of fiduciary duties through a derivative action (and directly in certain instances) and hold them personally liable for damages to...
Palo Alto, CA (PRWEB) August 18, 2011 On August 19, 2011, Douglas Y. Park, a Silicon Valley corporate governance consultant, attorney and owner of DYP Advisors, will present the webinar, “The SEC’s New Whistleblower Rules: Implications for your Company’s Compliance and Fraud Program.” The program begins at 10:00 am PST and runs for 75 minutes....
Successful strategy execution is critical to business performance. Effective execution means getting a measurable benefit from your chosen strategy. While formulating a distinguishable and sustainable competitive position is challenging, reaching it is even more difficult. Why? What are the main risks to successful strategy execution? It doesn't matter whether you are a startup, family owned...
Many startups and private companies feel lucky that they don't have to worry about the Foreign Corrupt Practices Act (FCPA). Think again. Growing startups and private companies, especially those with global aspirations, must address the risk of Foreign Corrupt Practices Act issues head on. In its simplest terms, the FCPA prohibits the payment of bribes...