In a time when exit strategies have pivoted, and options might be more limited, it is no surprise that secondary buyouts have rebounded. According to recent coverage from PitchBook, secondary buyouts are making up a larger...more
In navigating the complex world of private company mergers and acquisitions (M&A), understanding recent legal decisions is paramount. This white paper serves as a guide, distilling intricate court rulings into digestible...more
4/17/2024
/ Acquisitions ,
Bad Faith ,
Breach of Contract ,
Damages ,
Fiduciary Duty ,
Investors ,
Mergers ,
Motion for Summary Judgment ,
Motion to Dismiss ,
Stockholder Agreements ,
Twitter ,
Venture Funding
In today’s global economy, cross-border transactions have become increasingly common, offering opportunities for businesses to expand their reach and diversify their portfolios. For Chinese companies looking to invest in US...more
3/6/2024
/ Background Checks ,
CFIUS ,
China ,
Corporate Governance ,
Cross-Border Transactions ,
Data Privacy ,
Due Diligence ,
Global Economy ,
Investors ,
Marketing ,
Risk Mitigation ,
Trade Relations
Share on Twitter Print Share by Email Share Back to top There seems to be a much more positive outlook when discussing the potential for M&A activity in 2024, and that includes the potential for deals across the pond....more
Exit options have been limited for startups in recent months. Through the end of the third quarter of 2023, we saw a lull in M&A activity across the board, including the tech sector. As we kick off the December sprint to the...more
As we approach 2024, the M&A landscape is set to experience more shifts and trends that will redefine how companies approach these transactions, and CEOs are keeping a keen eye.
n this volatile post-pandemic era...more
11/1/2023
/ Acquisitions ,
Clean Energy ,
Corporate Governance ,
Cross-Border ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Investment ,
Investors ,
Mergers ,
Private Equity ,
Regulatory Reform
Originally published in Genetic Engineering News on October 10, 2023. Reprinted with permission. The biotechnology sector has long been characterized by its constant innovation, rapid technological progress, and unyielding...more
10/24/2023
/ Acquisitions ,
Biotechnology ,
Collaboration ,
CRISPR ,
Food and Drug Administration (FDA) ,
Innovation ,
Licensing Rules ,
Mergers ,
Pharmaceutical Industry ,
Scientific Research ,
Tax Credits ,
Venture Capital
In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more
10/12/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biotechnology ,
Compliance ,
Confidential Information ,
Discrimination ,
Due Diligence ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Insurance Industry ,
Intellectual Property Protection ,
Investors ,
Machine Learning ,
Misrepresentation ,
New Guidance ,
Patents ,
Personal Data ,
Purchase Agreement ,
Risk Management ,
Risk Mitigation ,
Startups ,
Strict Product Liability ,
Transparency ,
Venture Capital
In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more
8/30/2023
/ Acquisitions ,
CFIUS ,
Compliance ,
Copyright ,
Due Diligence ,
Employees ,
Financial Statements ,
Hardware ,
Hart-Scott-Rodino Act ,
Infrastructure ,
Integration ,
Internal Controls ,
Licenses ,
Mergers ,
Negotiations ,
Patents ,
Pending Litigation ,
Permits ,
Profits ,
Revenue ,
Risk Assessment ,
Software ,
Supply Chain ,
Trademarks
Startup founders are constantly seeking ways to gain a competitive edge and secure their place in the market, including positioning their company as an attractive acquisition target from the very beginning. While building a...more
8/16/2023
/ Acquisitions ,
Business Model ,
Corporate Culture ,
Due Diligence ,
Early Stage Companies ,
Entrepreneurs ,
Financial Adviser ,
Financial Markets ,
Intellectual Property Protection ,
Mergers ,
Partnerships ,
Recordkeeping Requirements ,
Startups ,
Valuation
Mergers, acquisitions, and buyout transactions are complex endeavors requiring careful analysis and consideration of multiple financial inputs and outputs. Both the acquiring company and the target company will each need to...more
The iconic management theorist Peter Drucker made famous the notion that “culture eats strategy for breakfast.” In other words, the culture of your company is correlated more closely to your company’s ultimate value and...more
7/19/2023
/ Acquisitions ,
Buyers ,
Corporate Culture ,
Corporate Governance ,
Customers ,
Employee Retention ,
Employees ,
Mergers ,
Sellers ,
Shareholders ,
Suppliers
History is often written by reference to “before” and “after.” In this blog, we posit that “before” refers to the “bull market” that ended in January 2022, and “after” refers to everything that – happened, is happening, and...more
For founders considering a merger or acquisition as an exit strategy, finding the right acquirer is crucial, and it just takes one. A successful M&A deal just needs to close. A successful combination and combined business...more
We have seen the IPO market stall, and the SPAC boom is now bust. So, what options are there for private companies looking to enter the public market in today’s economic climate? A transaction structured as a “reverse...more
4/24/2023
/ Capital Raising ,
Foreign Ownership ,
Initial Public Offering (IPO) ,
Integration ,
Liability ,
Liquidity ,
Market Volatility ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Reverse Mergers ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
Valuation
As we project ourselves forward in 2023, amidst the clouds, a bright spot for optimism is burning brightly for early stage, deep tech startup companies and investors. It’s no surprise that last year we saw a decrease in...more
At the beginning of any new year, startup founders are faced with a choice: stay the course, grow or sell. With significant market headwinds, soaring inflation, and an interest rate environment that looks to be rising as far...more
1/11/2023
/ Business Development ,
Capital Raising ,
Equity ,
Initial Public Offering (IPO) ,
Interest Rates ,
Investors ,
Liquidity ,
Mergers ,
Price Inflation ,
Selling a Business ,
Startups ,
Valuation
We have seen a reduction in M&A activity this year in response to global economic uncertainty. Everything has slowed down from the fevered pitch of 2021, so it’s not surprising that deal activity has as well. So, how much...more
Despite the past year's economic downturn, M&A transactions in the tech sector are still getting done. It might be at a different level than 2021, but deals are happening, particularly in certain sections of the tech...more
There was great speculation that the decreased valuations of 2022 would lead to a surge in M&A activity; however, activity this year has been much lower than anticipated. A multitude of factors have slowed down M&A this year...more
After M&A dealmaking cranked at an all-time high in 2021 with a record breaking 60,000 publicly disclosed deals aggregating over $5 trillion (see our recent article), the waters of M&A cooled considerably in 2022, with only...more
11/22/2022
/ Acquisitions ,
Bureau of Labor Statistics ,
Career Development ,
Compensation ,
Employee Benefits ,
Investors ,
Mergers ,
Paid Time Off (PTO) ,
Private Equity ,
Resignation ,
Risk Mitigation ,
Stocks ,
Wage and Hour ,
Workplace Communication
Starting with a sell-off in public technology stocks (trading “FAMMGA” is no longer a winning strategy), the outbreak of war in Europe, upcoming midterm elections in the US, out of control inflation, rapidly rising interest...more
11/4/2022
/ Acquisitions ,
Buyers ,
Capital Investments ,
Capital Markets ,
China ,
Coronavirus/COVID-19 ,
Mergers ,
Price Inflation ,
Private Investment Funds ,
Russia ,
Sellers
A key to success for any growth company is navigating the numbers, with success and visibility in accounting and finance, preferably up and to the right. Nowadays, companies are experiencing accounting challenges as they...more
3/25/2022
/ Accounting ,
Acquisitions ,
Due Diligence ,
EBITDA ,
GAAP ,
IASB ,
IFRS ,
Mergers ,
Public Accounting Oversight Board ,
Purchase Price Adjustment ,
Securities and Exchange Commission (SEC)
When entering into any merger or acquisition (both a stock deal and an asset deal), there are numerous privacy and data security issues that must be evaluated and addressed from the beginning. Most companies in today’s online...more
This year, M&A is experiencing a rapid recovery due to increasing strategic consolidation, cross-border activity, and a spike in COVID-affected sector deals—especially in the healthcare industry.
In 2020, everything...more