Topic: Technology and innovation

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Digitalization – the pill for M&A failures?

By Jaray Zhao (Toronto) on July 19, 2018 Posted in M&A, Technology and innovation

It is a generally accepted fact that a significant number of M&A deals fail to deliver value post-closing. In a recent survey (the Survey) discussed in the Deloitte 2018 M&A trends report (the Report), 55% of respondents agreed that up to 25% of their M&A deals fall short of meeting or beating expectations. We’ve discussed … Continue reading

A forward look into emerging technologies in M&A

By Troy Ungerman (Toronto) on July 2, 2018 Posted in M&A, Technology and innovation

As previously noted, businesses are keen to shine their spotlights on the surge of disruptive technology, particularly with the opportunities it stands to introduce, the existing standards it proposes to displace, and the upside it promises for bottom lines. In recent years, the rise of disruptive technology has created a boom for some industries while potentially … Continue reading

Evaluating the risks of open source software in M&A transactions

By Troy Ungerman (Toronto) on June 26, 2018 Posted in M&A, Technology and innovation

Open source software (OSS) has emerged as a significant market disruptor in recent years. OSS serves as an alternative to commercial software licensing wherein the licensee does not need to pay for the license. This tends to make it particularly attractive to start-ups attempting to keep their costs down. However, the free use of the … Continue reading

Regulators comment on securities law implications for offerings of tokens

By Matthew Lau (Toronto) on June 19, 2018 Posted in Corporate finance, Technology and innovation

On June 11, 2018, the Canadian Securities Administrators (“CSA”) published Staff Notice 46-308 Securities Law Implications for Offerings of Tokens (“Notice”). The Notice follows from the CSA’s previous guidance in Staff Notice 46-307 Cryptocurrency Offerings, where the CSA explained that many cryptocurrency offerings involve the distribution of securities and are therefore subject to securities laws … Continue reading

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

By Sean Williamson (Toronto) 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

Global automotive M&A ends 2017 in high gear with no signs of slowing down

By Troy Ungerman (Toronto) on March 15, 2018 Posted in M&A, Technology and innovation, Transport

As seen in this recent PwC article, global automotive M&A activity was strong in 2017. Automotive deal value increased 29.9% to $53.2b from 2016 to 2017 primarily as a result of two mega deals in the Auto-Tech sector, which PwC defines as “investments in connectivity, autonomous, electrification, ride-sharing and the software, sensors, intellectual property and … Continue reading

Hacking your way through cyber due diligence

By Sara Josselyn (Toronto) on March 6, 2018 Posted in M&A, Technology and innovation

Last year saw an increase in the frequency of data breaches and this trend is unlikely to disappear in 2018. We previously reported on the importance of cybersecurity in the M&A due diligence process. Conducting due diligence of a target’s cybersecurity procedures has become even more crucial in light of Canada’s new notification requirements. These … Continue reading

Canadian M&A: a look back 2017 and a glimpse into 2018

By Troy Ungerman (Toronto) on March 1, 2018 Posted in M&A, Technology and innovation

A retrospective look at 2017 In Canada, 2017 had the highest number of mergers and acquisitions (M&A) deals in the past five years. There were a total number of 2,274 deals carried out in 2017, compared to 1,956 in 2016. The number of “mega deals”, however, did not see an increase in 2017. “Mega deals” … Continue reading

Cybersecurity update: from transaction start to finish

By Sara Josselyn (Toronto) on February 27, 2018 Posted in M&A, Technology and innovation

Cybersecurity has never been more critical. This growing area of concern has been on the mergers and acquisitions (M&A) radar for some time, and we’ve previously blogged on its effect on the due diligence process, regulatory requirements, and overall acquisition risk assessments. With only 4% of organizations reportedly agreeing that their current cybersecurity strategies had … Continue reading

Top M&A attractions in 2018: technology assets and international markets

By Troy Ungerman (Toronto) on February 13, 2018 Posted in M&A, Technology and innovation

According to Deloitte’s latest M&A trends report, corporations and private equity (PE) firms expect to see an acceleration of M&A activity in 2018, both in volume and size of deals, and with particular interest in technology assets and international markets. Key Findings After surveying more than 1,000 executives at corporations and PE firms on their … Continue reading

Don’t be fooled! How traditional M&A differs from digital M&A

By Troy Ungerman (Toronto) on January 17, 2018 Posted in M&A, Technology and innovation

Over the past few years, we have seen a rising trend in digital technologies driving tech M&A deals for both tech and non-tech companies. Technology brings its own set of challenges to the M&A space. The following are some of the many differences between traditional and digital M&A: Wider target list: The list of targets … Continue reading

Keeping real estate on trend with RealTech

By Troy Ungerman (Toronto) on January 9, 2018 Posted in M&A, Real estate, Technology and innovation

The impact of technology can be felt across virtually all sectors of the economy and real estate is no exception. In fact, technology affects all aspects of real estate from its procurement and development to its management and use. Real estate-specific technology is often aptly referred to as “RealTech”. Explaining RealTech The KPMG White Paper, … Continue reading

Why some tech M&As fail to deliver value

By Jaray Zhao (Toronto) on January 4, 2018 Posted in M&A, Technology and innovation

In a recent blog post, we explored the reasons why a sizable number of M&A deals fail to complete every year. As discussed in that post, the closing of an M&A deal does not necessarily announce the success of a transaction. In fact, as high as 60% of M&A deals fail to deliver value even after a … Continue reading

Smart contract applications in M&A: earn-outs

By Mark Bissegger (Toronto) on November 22, 2017 Posted in M&A, Technology and innovation

This blog has previously provided an overview of how blockchain technology and smart contracts might be adapted to the legal industry. In this post, we will explore the specific example of how these technologies may be able to simplify an earn-out agreement in an M&A transaction. What are earn-outs? In an earn-out, the seller of … Continue reading

Adding value through tech deals

By Saeed Teebi (Toronto) on October 31, 2017 Posted in M&A, Technology and innovation

A new report by BCG asks the question of whether wading into tech deals can add value to companies. Based on BCG’s analysis of 37,000 tech acquisitions, the returns from such deals are mixed: about half generate positive returns for acquirers. This is the case regardless of whether the buyer itself is in the tech … Continue reading

M&A: the automotive industry’s new fuel?

By Victoria Riley (Toronto) on October 24, 2017 Posted in M&A, Technology and innovation, Transport

Automotive technologies are evolving rapidly and impacting not only drivers’ automotive experiences but also, the automotive industry more broadly. From assistive technologies like bicycle sensors and back-up cameras to self-driving technologies, it appears that technological innovation will be critical in order for automotive companies to maintain their relevance and competitive edge in the marketplace. However, … Continue reading

Trends and opportunities in InsureTech M&A

By Sara Josselyn (Toronto) on September 26, 2017 Posted in M&A, Technology and innovation

Insurance companies have increasingly looked at technological innovation as both an opportunity to increase profit margins, and as a potential disruptive force in the industry, with some insurance executives estimating that one third of their operations may be lost to FinTech. On-demand insurance that allows a consumer to purchase insurance on an as-needed basis has … Continue reading

From renegotiation to reticence: how changing NAFTA may slow the PE market

By Sara Josselyn (Toronto) on September 12, 2017 Posted in Antitrust, competition and regulatory, M&A, Technology and innovation

Renegotiating or withdrawing altogether from the North American Free Trade Agreement (NAFTA) has been a focal point of both President Trump’s presidential campaign and his administration. This threat of renegotiation or withdrawal has also been the source of immense speculation from lawyers, economists, politicians and the like regarding the expected implications for the economy, key … Continue reading

Smart contracts: how computer programs and blockchain could affect M&A

By Sara Josselyn (Toronto) on August 24, 2017 Posted in M&A, Technology and innovation

Smart contracts, which replace traditional paper documents with a computer program that automatically verifies and executes an agreement, are poised to fundamentally alter the way M&A and contract-based legal work is performed. Think of a smart contract as a small army of robot lawyers and accountants: once the parties agree to terms, these robots automatically … Continue reading

Virtual data rooms: don’t let the cloud cloud your judgment

By Sara Josselyn (Toronto) on August 16, 2017 Posted in M&A, Technology and innovation

Platforms that were once physical in nature – such as data rooms – are increasingly becoming digitized. The cloud has opened up new frontiers for data storage: It offers large amounts of storage, collaborative file sharing, and easy access to records at a low cost. On top of all that, the documents are not susceptible … Continue reading

Specificity is key: six archetypes of successful acquisitions

By Sara Josselyn (Toronto) on August 10, 2017 Posted in M&A, Pharmaceuticals and life sciences, Technology and innovation

Canadian M&A activity has continued to rise in 2017, but with the successes come many more stories of failure. Studies indicated that 70% – 90% of acquisitions ultimately fail. How does a company beat these odds? A recent article by McKinsey & Company suggests that companies who enter into acquisitions with a specific value proposition … Continue reading

Artificial intelligence: real results

By Troy Ungerman (Toronto) on August 9, 2017 Posted in M&A, Technology and innovation

Earlier this year, we discussed the increasing use of technology in the M&A deal process. To recap, a recent Mergermarket study revealed that the use of technology and big data were likely factors in the increasing frequency of unsolicited bids and corresponding decrease in frequency of broad auctions. Building on our earlier discussion, we now … Continue reading

Blockchain technology: an imminent driver of investment and M&A

By Matthew Lau (Toronto) on August 8, 2017 Posted in M&A, Technology and innovation

Blockchain technology has been making headlines since it emerged in 2009 in connection with the cryptocurrency Bitcoin. We’ve covered the potential use of Bitcoin in M&A transactions in previous articles in 2016 and 2014. As discussed in these articles, the volatility and lack of central authority has so far meant that the cryptocurrency plays a … Continue reading

Exciting new technologies for corporate legal transactions

By Sara Josselyn (Toronto) on August 3, 2017 Posted in M&A, Technology and innovation

The legal industry is not immune to the influx of new technologies designed to make our lives, and equally if not more importantly, those of our clients, easier and more efficient. Early last year, we reported on content management tools that revolutionized the way due diligence is performed in M&A transactions. Since then, new technologies … Continue reading