Protecting Small Business Status In Letters Of Intent

Law360, New York (August 10, 2012, 12:47 PM EDT) -- Recently, there has been a noticeable uptick in mergers and acquisitions involving small business government contractors. The increased M&A activity has led to more questions, and case law, regarding when affiliation arises as parties negotiate a deal. Because small business status is one of the most important assets for a small business, protecting that asset by avoiding affiliation is vital as you negotiate a deal. This article focuses on protecting small business status when using a letter of intent (LOI), a common initial step in an...
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