Deals involving AI bring about specific and unique issues for consideration during the due diligence process. Understanding the specific challenges created by AI is important for companies to ensure that the AI technology holds genuine value and would not raise
intellectual property
Goodwill Hunting: The Value, Protections and Role of Intangible Assets in M&A Transactions
We have previously discussed goodwill as a distinct asset in purchase agreements. In this post, we explore the growing value of goodwill and other intangible assets in mergers and acquisitions (M&A) and the legal issues parties should consider…
Uses of blockchain in the M&A process
We have previously explored some potential uses of blockchain in the M&A process. Generally, blockchain refers to a growing list of blocks linked by cryptography. Each block contains a timestamp and a link to the previous block. When a new …
A-I Captain! Know the legal risks of buying an AI company… or go down with the ship
On February 21, 2019, Blackberry completed its acquisition of Cylance, a privately-held artificial intelligence (AI) and cybersecurity company. Acquisitions of AI companies like Cylance are becoming increasingly common as businesses seek to realize the opportunities in offering…
Dissecting MedTech M&A deals
As we previously reported, this year has seen a surge in healthcare-related M&A. Many of these transactions are in the medical technology industry, or MedTech. While the industry’s healthy profit margins and opportunities for growth have driven a flurry…
The tech takeover: disruptive technology as a driver of M&A
A relentless parade of new technologies is unfolding on many fronts – one of which includes the M&A scene. While not every emerging technology will alter a business’ landscape, certain technologies have the potential to disrupt the status quo, alter…
Registering and discharging intellectual property security interests
Intellectual property often forms an important part of a target’s assets, especially for start-ups and high-tech companies. It is important for both the purchaser and the vendor to understand the security registration and discharge process in intellectual property assets.
Registration
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IP representations and warranties in tech M&A
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…
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…
IP due diligence: beyond the usual suspects
Conducting a due diligence review of intellectual property (IP) matters as part of a merger or acquisition has become commonplace with the growing importance of commercial IP. While most lawyers are aware of a general need to protect …