Andrew J. Sherman Contributor Bio

Bio

Andrew J. Sherman is a Partner in the Corporate Department of Seyfarth Shaw LLP. Andrew focuses his practice on issues affecting business growth for companies at all stages, including developing strategies for licensing and leveraging intellectual property and technology assets, intellectual asset management and harvesting, as well as international corporate transactional and franchising matters.

He has served as a legal and strategic advisor to dozens of Fortune 500 companies and hundreds of emerging growth companies. He has represented US and international clients from early stage, rapidly growing startups, to closely held franchisors and middle market companies, to multibillion dollar international conglomerates. He also counsels on issues such as franchising, licensing, joint ventures, strategic alliances, capital formation, distribution channels, technology development, and mergers and acquisitions.

Andrew has written nearly 30 books on the legal and strategic aspects of business growth, franchising, capital formation, and the leveraging of intellectual property, most of which can be found on Amazon.

Articles by Andrew J. Sherman

Letter of Intent: Examining 3 Different Drafting Styles

Learn more about the three categories (binding, non-binding and hybrids) when drafting a letter of intent.
The Intellectual Capital Agrarian

No matter what your profession, no matter what your company does, no matter what your life situation may be — we all follow this fundamental and deeply rooted agricultural process in some way throughout the days of our lives.
Measure of a Company’s True Intrinsic Value

Today, most business enterprise do not have the information and monitoring tolls required for the effective management of intangible assets.

Q&A by Andrew J. Sherman

How do you value intangible assets in a business sale?

You know from my book, Harvesting Intangible Assets, that this is a very, very big hot button topic for me. I believe that in this information-based social-media-driven economy that we now live in that companies, even...
What corporate governance changes can drive shareholder value?

To set the context of my answer, many lower mid-market companies have a Board of Directors, but the board is made up of someone's mother and brother who have never done anything except vote in his favor. Test 1 for...
What are important legal issues to consider in a Letter of Intent?

Price and terms get locked down in an LOI, but they tend to get locked down on a "to be confirmed" by the due diligence phases. So if I’m on the buy side and I get some unexpected due diligence surprises, you better be sure...
What are some creative M&A deal structures?

So there are a couple of things here. One deal structure that is starting to pop up is Davids buying Goliaths. When we think of M&A, we think of transactions involving companies smaller than us as acquisitions and...
What are the most contentious issues when negotiating a Purchase Sale Agreement?

There’s one issue that trumps them all. Do you remember the children’s game of hot potato, where the ball would get passed around from kid to kid and then the teacher would blow the whistle? Whoever had the hot potato on...
How should a deal team interact to ensure that an M&A deal gets to a closing?

This is really, really, really, that’s triple really important. First of all, the deal team that the business owners select, should have experience ideally as a team. Have these guys work together before - the lawyer, the...
What clauses should a business owner pay particular attention to in a Purchase Sale Agreement?

Reps and warranties, which essentially deal with the allocation of risk, are a little tricky. Business owners should go through those carefully. You are making representations and warranties to which you will be held...
What should be considered when hiring an M&A lawyer?

Well, I’ll tell you a couple of things, the primary one, obviously, being the experience. I know that’s often said as the first answer, but there are a lot of law firms that do a little bit of M&A or casually do it, or they...