When negotiating an M&A deal involving a technology company, parties need to pay particular importance to the representations and warranties regarding the target company’s intellectual property (IP). In a recent Forbes article, “18 Key Issues in Negotiating Merger
September 2017
Cross border M&A in 2017
Following the surge of mergers and acquisitions in the final quarter of 2016, many attempted to predict whether 2017 would follow suit. For instance, the Financial Times anticipated that the increase in mergers and acquisitions would carry into 2017. Similarly, …
Libor retirement and implications for contracts tied to it
The London Interbank Offered Rate (Libor), the interest rate benchmark used to calculate interest rates on short-term loans by many large banks, will be phased out after 2021 according to its regulator. The London based Financial Conduct Authority…
“Shop-in-shop” retail: perfecting your security interest
In today’s business world, we continue to see creative interconnection among businesses. These arrangements are often motivated by a desire for companies to attain certain benefits of M&A transactions (such as synergies) without incurring certain costs (such as loss of…
Protecting trade secrets in M&A
Trade secrets and confidential information are a cornerstone to most successful intellectual property strategies. Trade secrets provide important competitive advantages that augment the profitability and value of a business. The importance and value of trade secrets have been recently confirmed…
Additional interest: M&A activity following the Bank of Canada’s interest rate increase
For a second time this year, the Bank of Canada (the Bank) has raised interest rates. As of September 6, 2017, the overnight lending rate is 1 per cent, up from 0.75 per cent.
Two increases in a…
Private equity investments in healthcare: a look into the future
Last year was a record-breaking year for private equity investments in the healthcare industry, with a total disclosed deal value reaching $36.4 billion by the end of 2016. Mid-year reviews of 2017 indicate a downward trend in the number of…