A recent decision by the U.S. Court of Appeals for the Federal Circuit in the case of AMS-OSRAM USA Inc. v. Renesas Electronics America Inc. offers valuable lessons that can arise from failed merger transactions, and in particular liabilities that can arise when a party breaches its contractual confidentiality obligations. In particular, the case highlights […]
The Role of IP Due Diligence in Mergers and Acquisitions Transactions
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 […]
Critical Issues in Every M&A Transaction
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 […]
How to Prepare for Due Diligence
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 […]
Important Corporate Documents for a Successful Business Sale
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 […]