Conducting Effective IP Due Diligence: Digging Into The Target’s IP Assets

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You’re the CEO of a software company.  You’ve identified a new start-up company that claims to have developed a mobile application that could provide your company, indeed your entire industry, with an exciting new platform to deliver products and services to fast moving customers globally. Your board of directors has authorized you to move forward …Read more

Conducting Effective IP Due Diligence: Make Sure You Get Off On The Right Foot

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As we discussed last week, intellectual property (“IP”) due diligence comes up in many different types of transactions, including licensing transactions, joint development agreements, M&A deals, and venture capital investments.  Anytime an acquisition or investment is based, in part, on the target’s or issuer’s IP – and in the San Francisco Bay Area it frequently …Read more

Conducting Effective Due Diligence in Intellectual Property Transactions

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Your software company has been approached by a start-up company that has developed a mobile application that could provide your company, indeed your entire industry, with an exciting new platform to deliver products and services to customers globally.  As a CEO, your first instinct is to lock up the start-up’s technology quickly because you don’t …Read more

Favorable Settlement for Client Involved in Corporate Buyout Litigation

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Finkel Law Group recently represented several shareholders of a privately held commodities trading firm in a contentious buy out of departing shareholders who demanded several million dollars for their stake in the company.  As a result of the firm’s efforts, the departing shareholders ended up with one-third of their original demand. A critical factor in …Read more

Opportunities and Challenges of Mergers

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The third form of M&A transaction is the merger in all its forms. A merger generally achieves the same result as a stock purchase transaction but is usually a simpler transaction. It avoids many of the obstacles incident to dealing with a large number of shareholders. Absent special super-majority voting requirements in either party’s articles …Read more

Asset Purchase Transaction: Pros & Cons

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The advantages to the buyer of purchasing assets, as opposed to buying stock, can be considerable. First, with an asset purchase transaction, as opposed to a stock sale, a buyer can go a long way toward eliminating the risk of being saddled with the target’s company’s unwanted and unknown liabilities. Second, if the target company …Read more

Merger & Acquisitions Best Practices

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According to a recent Wall Street Journal survey mergers and acquisitions (M&A) are poised to increase in 2013. See the WSJ press release.  The Journal’s survey, which tilts towards Silicon Valley and Northern California, indicates that deal makers attribute the potential for increased M&A activity throughout the remainder of 2013 and into 2014 to the …Read more