By Lanning G. Bryer

The deal is virtually done. All that remains is for the parties to “close” the deal. A common definition of a “Closing” date is that date upon which all conditions precedent set forth in an agreement must be satisfied. What seems like a relatively simple and quick process can be anything from short and sweet to long and painful. The three most important skills for the attorney attending a Closing to exercise in order to achieve a successful Closing are anticipation, preparation and organization. If all necessary documents have been prepared and issues anticipated and addressed, the Closing can be seamless. Furthermore, good organization on a complex transaction can make what would be a long, drawn out-process much smoother and more efficient. The following paper identifies and then discusses many of the most common issues to arise during the Closing and post-Closing of a business transaction involving trademark rights.