The Role of IP Due Diligence in Mergers and Acquisitions Transactions

by

In today’s rapidly evolving business landscape, intellectual property (“IP”) plays a critical role in the operation, valuation and success of many companies, particularly in the technology sectors. Whether you’re a technology start-up eyeing expansion or an established technology company looking to diversify into new markets and products, mergers and acquisitions transactions (“M&A”) can provide your …Read more

Critical Issues in Every M&A Transaction

by

Mergers and acquisitions (M&A) can be tricky transactions that frequently entail delicate negotiations between buyer and seller. The negotiations must be choreographed in minute detail to ensure the transaction closes in a timely manner and is a success for both parties. The parties will, after all, be living with one another after the deal is …Read more

How to Prepare for Due Diligence

by

As the Chief Executive Officer, you will be hard pressed to secure financing, sell your company, or issue an IPO if you’re unable to persuade prospective investors or buyers. By collecting and presenting your corporate information in a clear, complete, and concise professional manner, you will dramatically improve your chances of success. Preparing for Due …Read more

Important Corporate Documents for a Successful Business Sale

by

The last thing most founders think about when they start up a company is selling it. If one of the possible exit strategies is to sell your company, you should be thinking about the documentation you’ll need for a successful business sale from the very beginning. It may be years down the road but the …Read more

Key Provisions to Focus On When Selling Your Business

by

If you are interested in selling your business, you should be aware of some of the key provisions that typically appear in the deal documentation. Customarily, these clauses are expected by the buyers to support an agreement on price, timing and deal structure (i.e., merger, stock purchase or asset acquisition). While the specific details contained in such an agreement …Read more

Opportunities and Challenges of Mergers

by

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 Transactions Checklist

by

Perhaps the most common form of merger and acquisition is the asset purchase transaction.  In this type of transaction, the buyer identifies the specific assets of the target company that it wishes to purchase and carves out those assets from the target’s portfolio of assets.  Frequently, any liabilities associated with the purchased assets are assumed …Read more

Merger & Acquisitions Best Practices

by

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