SMB M&A SERIES: Before Disclosing Confidential Information

By: Daniel J. Fetter, Esq.


The SMB M&A series provides insights into buying and selling a small business.

When preparing to sell your business, make sure you require any potential buyer to sign a Non-Disclosure Agreement ("NDA") before disclosing any confidential information. An NDA protects sensitive information like financial records, customer information, intellectual property and other proprietary information (including that you are in discussions to sell your business) from unauthorized disclosure.  By requiring potential buyers to sign NDAs, you maintain confidentiality throughout the sale process and preserve the value of your business. 


In the event of a breach, the disclosing party may be entitled to monetary damages or injunctive relief to prevent further disclosure. 


In addition to the NDA, Sellers should take other precautions to avoid disclosure of Confidential Information, including:


  • Limit disclosure only to those individuals who need to know for purposes of pursuing the transaction;


  • Wait to disclose your most sensitive information (e.g., customer list) until you have more assurance that the deal will close;


  • Use data rooms to share information rather than sending documentation by mail/email. This also allows users to track who viewed the information.


The Scolaro Law Firm handles small business M&A transactions throughout New York State, Vermont, Pennsylvania and Florida. If you are interested in buying/selling a business, please contact Daniel Fetter or the attorney at our firm with whom you work.


Consult Our Business Attorney Today

Navigating the complexities of buying or selling a business requires careful legal guidance to protect your interests and help the transaction proceed smoothly. A knowledgeable business attorney is essential in drafting, reviewing, and negotiating the intricate terms of the sale, including the purchase agreement and non-disclosure agreements. The team at Scolaro Fetter Grizanti & McGough, P.C. is here to help. We play a crucial role in conducting due diligence, identifying potential liabilities, and verifying that all legal requirements are met, which helps prevent future disputes and litigation. By managing these critical details, a business contract attorney allows you to focus on the strategic aspects of the transition while safeguarding your investment.


Beyond the immediate transaction, our legal team can assist with a range of related needs to secure your financial future. For instance, an estate planning lawyer or a trust attorney can help structure the proceeds of a sale to align with your long-term wealth management and succession goals. Furthermore, if the business deal involves property, a real estate attorney is indispensable for handling the transfer of ownership and resolving any title or zoning issues. We provide comprehensive legal support that covers every angle of your business dealings, from acquisition to legacy planning.


If you are considering buying or selling a business, do not navigate the process alone. Consulting with an experienced business attorney is the most critical step you can take to protect your assets and achieve a favorable outcome. Contact our office today to schedule a consultation and learn how our dedicated legal team can provide the guidance you need for a successful transaction and a secure future.


This article is intended to be for informational and discussion purposes only and is not to be construed as legal advice or as a legal opinion on which certain actions should or should not be taken.


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Costello, Cooney & Fearon and Scolaro Fetter Grizanti & McGough Unite to Form Costello Cooney Fearon & Fetter

By proadAccountId-1002189 • October 14, 2025
SYRACUSE, NY (October 8, 2025) – Two leading law firms in Central New York, Costello, Cooney & Fearon and Scolaro Fetter Grizanti & McGough, are pleased to announce their combination, effective Jan. 1, 2026. Costello Cooney Fearon & Fetter will build upon a combined 175 years of legal tradition in Syracuse while establishing a stronger foundation to serve clients across the region and beyond. This combination represents more than the joining of two firms; it marks the uniting of two longstanding legal legacies deeply rooted in the Central New York Community. From advising local businesses and municipalities to guiding families through generations of change, both firms share a common history of helping the region grow and thrive. “Bringing our firms together unites the collective strength of two highly successful practices with a shared vision for delivering the highest quality client service. This combination will allow us to offer a broader range of legal services to meet the evolving needs of our present and future clients.” – Jeffrey M. Fetter, Chief Executive Officer of Scolaro Fetter Grizanti & McGough With over 45 attorneys practicing throughout New York State, the firm will offer expanded strength in litigation, business and tax law, mergers and acquisitions, estate and trust planning and administration, municipal and education law, real estate, family law, healthcare, agricultural law, and more. “This is an important and exciting moment for both of our firms. Combining with Scolaro Fetter Grizanti & McGough strengthens the services we can provide to our clients and creates new opportunities for our attorneys and staff. Having been with Costello, Cooney & Fearon for more than 35 years, I see this as one of the most meaningful steps we’ve taken to ensure the continuity of the quality and depth of our practice and a vibrant future for decades to come. We have long respected the work of Scolaro Fetter Grizanti & McGough, and now we look forward to growing together as one firm.” – John R. Langey, Chief Executive Officer of Costello, Cooney & Fearon A Shared Legacy, A Stronger Future Costello, Cooney & Fearon has been part of the Syracuse legal landscape since 1896, known for its innovative, collaborative approach and broad range of practice areas. Founded in 1979, Scolaro Fetter Grizanti & McGough has built a respected reputation, spanning several states, for its sophisticated work in business, tax, and estate planning. Together as Costello Cooney Fearon & Fetter, the firm will continue to serve as a proud partner in the Central New York Community, offering the full-service capabilities of a large firm while maintaining the personalized attention and client relationships that have long defined both organizations. Clients can expect a seamless transition, continuing to work with the attorneys they know and trust – now backed by a deeper bench of talent and experience. Additional details about the firm’s combined operations will be shared in the coming weeks. About Costello Cooney Fearon & Fetter Costello Cooney Fearon & Fetter will be a full-service law firm with offices in Syracuse, Albany, and Cazenovia, N.Y. and Stuart, Fla. With deep roots in Central New York and serving clients throughout several states, the firm will provide forward thinking legal counsel to businesses, municipalities, educational institutions, and individuals, while remaining committed to the communities it has proudly served for generations.

CLIENT ALERT: Protect Your Property from Deed Fraud in Florida

August 21, 2025
Stewart M. McGough, Esq. Deed fraud is increasing rapidly in Florida. Criminals have been forging property deeds to unlawfully transfer ownership and sell properties without the real owner's knowledge. Any property owner may be affected, including homeowners, and the legal costs to reverse this type of fraud can be substantial. To help combat this risk, Florida law now requires each county Clerk of Court to provide a Property Alert Service . This free service notifies you when a document such as a deed is filed under your name or your property's legal description. Steps You Should Take Register for Property Alerts Visit the official Florida Court Clerks website: https://www.flclerks.com/page/PropertyAlertServices Choose Your County (or Counties) Click the link for each county where you own property. Complete the online registration with your name and property information. Watch for Notifications If someone files a deed involving your property, you will receive an alert by email, text, or phone depending on the county. If the filing is legitimate, no action is needed. If it appears fraudulent, contact the Clerk immediately and consult an attorney to prevent the deed from being recorded. Why This Matters Deed fraud can occur silently and without warning. Registering for alerts gives you immediate notice so you can respond before the fraud is finalized and your property is illegally transferred.  Please take a few minutes to register today. This simple step can protect your property and avoid major legal complications.