Tag archives: intellectual property

Deal-maker or deal-breaker: the legal ins and outs of using AI in M&A

By Imran Ahmad, Roxanne Caron and Suzie Suliman on July 13, 2023 Posted in M&A

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 red flags during the course of a transaction. Some important advice for companies looking to … Continue reading

Goodwill Hunting: The Value, Protections and Role of Intangible Assets in M&A Transactions

By nrfdigitalteam on December 1, 2020 Posted in Intellectual property, M&A, Technology and innovation

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 when seeking to value, protect and exploit these assets. Intangible assets are often the most significant portion … Continue reading

Uses of blockchain in the M&A process

By Troy Ungerman (Toronto) on June 20, 2019 Posted in Technology and innovation

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 block is added to the growing list, it is verified by independent parties on the … Continue reading

A-I Captain! Know the legal risks of buying an AI company… or go down with the ship

By Troy Ungerman (Toronto) on May 7, 2019 Posted in M&A, Privacy and data protection, Technology and innovation

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 much-improved products or services to their customers. Canada, in particular, has become a hotspot for activity in the … Continue reading

Dissecting MedTech M&A deals

By Shreya Gupta (Toronto) on November 20, 2018 Posted in M&A, Pharmaceuticals and life sciences

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 of activity, the potential for large rewards from MedTech acquisitions also comes with unique obstacles: Regulatory compliance: … Continue reading

The tech takeover: disruptive technology as a driver of M&A

By nrfdigitalteam on April 11, 2018 Posted in M&A, Technology and innovation

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 the way companies operate and rearrange value pools. These “disruptive technologies” can quickly displace established … Continue reading

Registering and discharging intellectual property security interests

By Matthew Lippa (Toronto) on November 2, 2017 Posted in Intellectual property, M&A

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 Pursuant to the provincial Personal Property Security Acts, Intellectual property is considered a type of … Continue reading

IP representations and warranties in tech M&A

By Troy Ungerman (Toronto) on September 28, 2017 Posted in Intellectual property, 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 and Acquisition Agreements for Technology Companies”, Richard Harroch addressed some of the standard issues that come with every … Continue reading

Protecting trade secrets in M&A

By nrfdigitalteam on September 13, 2017 Posted in Intellectual property, 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 by substantial damage awards, broad enforcement and the introduction of specific legislative protection in the … Continue reading

IP due diligence: beyond the usual suspects

By Brian Chau on December 4, 2014 Posted in Corporate finance, Intellectual property

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 the more popular forms of intellectual property (patents, copyrights and trademarks) in the course of a transaction, … Continue reading