HeyJaredC. Michael Kvistad
- Indexed articles, last 90 days
- 3
- Latest publication
- Sep 1, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 15, 2026
Latest articles
How Buyers And Sellers Can Mitigate Earnout Risk Before Closing (opens the original)
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As discussed in my previous post, earnouts can bridge significant valuation gaps between buyers and sellers in middle-market M&A. However, because operational control shifts to the buyer after closing, these provisions frequently lead to bitter post-sale litigation if the financial targets are not met. The best time to prevent earnout litigation is not after the earnings report comes in. It is during the drafting phase of the Purchase and Sale Agreement. When structuring an earnout, both parties
Why Earnouts Are A Heavily Litigated Feature Of M&A Transactions (opens the original)
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In small-market mergers and acquisitions (under $50,000,000), closing day feels like the finish line. The purchase agreement is executed, funds are wired, and both buyer and seller pause to celebrate a successful transaction. Yet with an earnout provision, closing day marks a beginning rather than an end. When part of the purchase price depends on hitting post-closing financial targets, parties enter a whole new chapter. Far too often, that chapter ends in litigation. An earnout is a risk-sharin
Real Estate In A Business Sale: Why The Deed Matters More Than You Think (opens the original)
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When business owners prepare to sell their company, they tend to focus on the headline items: purchase price, closing conditions, and transition plans. But when the business owns real estate, the deed quietly carries sizeable weight that can impact your liability for years after the keys change hands. Real estate is often one of the most valuable assets a business owns. Yet in many transactions, the parties treat the property transfer as an afterthought, assuming it automatically flows with the
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