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April 8, 2021

In this issue:

A Brief Legal Guide to Buying a Distressed Business
Do I Need a Private Placement Memorandum to Raise Investment Capital?
Key Issues in Business Interruption Insurance Coverage During the Pandemic
Podcast: Mergers & Acquisitions Landscape in Michigan
News: Weekly TV Show Launches to Help Businesses Navigate the Pandemic

A Brief Legal Guide to Buying a Distressed Business

Amanda J. Dernovshek, Cody A. Mott
and Nicholas M. Oertel

Earlier in the pandemic, our team identified the economic crisis caused by COVID-19 as a growth opportunity for businesses with the vision and the resources to take advantage.

One such opportunity is the chance to diversify or grow by acquiring distressed competitors, suppliers, or customers...

Do I Need a Private Placement Memorandum to Raise Investment Capital?

Nicholas M. Oertel

The short answer is that it depends, but it is usually advisable and sometimes required. Let’s dig deeper.

Initially, let’s discuss what a PPM is. A PPM is a document that discloses information regarding the company that is seeking to raise investment capital. In some ways, it is like a business plan, but with detailed additions for investment risk factors, securities law provisions, and the proposed terms of investment. PPMs go by a variety of names – including confidential information memorandums (CIMs) and offering memorandums...

Nicholas M. Oertel

Key Issues in Business Interruption Insurance Coverage During the Pandemic

Matthew S. Fedor, Paul J. Millenbach
and Sydney Steele

From retail stores to restaurants, to almost every other business in between, the COVID-19 pandemic has negatively impacted profitability.

In an effort to recoup their losses, many businesses have filed claims with their commercial liability insurers asserting that their losses are covered under the “business interruption” or “civil authority” provisions of their policies.

Mergers & Acquisitions Landscape in Michigan

Michigan Business Network

Business attorney Nick Oertel appeared last week on the Michigan Business Network with Chris Holman to discuss the current state of Mergers & Acquisitions in Michigan.

In the interview, Nick covers the view of the current M&A landscape in Michigan, Foster Swift's M&A group, special issues with transactions during COVID, and tax issues of buying or selling a business...

Weekly TV Show Launches to Help Businesses Navigate the Pandemic

Expert Connexions

One year since COVID-19 restrictions forced many businesses in Michigan to close their doors, some permanently, it has become more important than ever to make sure businesses have access to the resources they need.

Expert Connexions is a new TV show that features guest speakers in the legal, marketing, sales, and leadership fields, aimed at helping people navigate the changes to business brought on by the pandemic.

Among the specialists featured each week on Expert Connexions, Foster Swift attorneys will address topics that include how to adjust business operations during the pandemic, what you need to know about changes in employment law, how to protect your intellectual property, and more in the Legal Connexions segment of the show...

Foster Swift Collins & Smith, PC E-Newsletters are intended for general information for our clients and friends. This newsletter highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how this information applies to any specific situation.

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