Science, Computers & Technology Business Organization Mergers & Acquisitions

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Corporate: Negotiating Strategies for the Sale of Technology Companies

The number of mergers and acquisitions of private technology companies continue to increase. Established companies often have inadequate in-house development resources, a large pile of cash, and a need to prove to their...more

Data Privacy and Security Considerations in M&A Transactions

By some estimates, cybercrime costs the global economy $445 billion annually. If cybercrime were a single country, this dollar amount would place it within the world’s top 30 countries in terms of gross domestic product, and...more

The European Commission’s Enforcement Priorities and the Debate on the Reform of the EU Merger Control Regulation

EU merger control celebrates its 25th anniversary this year. On 13 March 2015, the EU Commissioner for Competition Margrethe Vestager gave a speech on merger reform and market definition noting that, although there is no room...more

Effective cybersecurity: 8 questions for you and your team

Cybersecurity has become a top-tier risk for US and multinational organizations. It is only a matter of time before a determined hacker will penetrate your organization’s system and successfully exfiltrate some data. (Indeed,...more

FTC Clears Zillow-Trulia Merger Without Conditions

In a ruling on February 13, the FTC unconditionally approved the Zillow-Trulia merger after an intensive six-month antitrust review. Despite reported concerns “that the merger might concentrate too much power in one company,”...more

Venture Capital Coast-to-Coast – January 2015

Concern over higher valuations? Apparently not, as $59 billion invested in 2014 breaks the post-crisis record. LPs also set a post-crisis record with $32 billion in commitments to U.S.-based VC funds. PitchBook Data, Inc.,...more

Good Rep: Social Media Assets in M&A Transactions

As we previously reported, a company’s social media pages and profiles, and the associated followers, friends and other connections, may constitute valuable business assets. In our experience, however, social media assets...more

What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur? [Video]

The Supreme Court’s ruling against broadly claimed software patents in Alice Corp. v. CLS Bank leaves many questions on patent eligibility unanswered, which means the controversy and confusion over the scope of patent...more

Earn-Out Arrangements – Interview with David Lagasse, Member, Mintz Levin [Video]

Attorney David Lagasse, Member of Mintz Levin's Employment, Labor & Benefits Practice, talks about the use of an earn-out arrangement as a way to resolve disagreements between buyers and sellers regarding the value of a...more

In re BioClinica, Inc. Shareholder Litigation

In In re BioClinica, Inc. Shareholder Litigation, the Delaware Court of Chancery in a memorandum opinion on a motion to expedite examined the cumulative effect of deal protection devices to determine whether they should have...more

Silicon Valley Venture Capital Survey - Fourth Quarter 2012

Background- We analyzed the terms of venture financings for 116 companies headquartered in Silicon Valley that reported raising money in the fourth quarter of 2012....more

Silicon Valley Venture Capital Survey - Third Quarter 2012

Background—We analyzed the terms of venture financings for 117 companies headquartered in Silicon Valley that reported raising money in the third quarter of 2012. Overview of Fenwick & West Results - Venture...more

M&A Leaders Survey -- October 2012

Concern over sluggish economic growth in the United States has tech dealmakers feeling less optimistic about the M&A market today than they were six months ago, according to a key finding from the latest M&A Leaders Survey...more

Where are we now? -- Markets and Legal Developments for Technology Executives

In This Presentation: Market Trends - Venture Capital; Private Equity; Initial Public Offerings; Mergers & Acquisitions; Legal Updates - Jobs Act/Capital Markets; Mergers & Acquisitions; General Corporate/Governance; Our...more

Silicon Valley Venture Survey - First Quarter 2012

Background — We analyzed the terms of venture financings for 114 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2012. Overview of Fenwick & West Results • Up rounds...more

Trends in Terms of Venture Financings in Silicon Valley — Fourth Quarter 2011

We analyzed the terms of venture financings for 117 companies headquartered in Silicon Valley that reported raising money in the fourth quarter of 2011. Up rounds exceeded down rounds in 4Q11, 70% to 16%, with...more

M&A in United States: What Chinese Companies Need to Know about Exon-Florio Review in the Clean Technology and Other Business...

China’s investments in the United States have increased rapidly and will continue to grow in order to acquire market channels, advanced technology and other related assets. The clean technology business sector has become very...more

China Life Sciences - December 2011

In this issue: Investor Q&A; Implications of the Leahy-Smith America Invents Act for Chinese Life Science Companies; Frequent Issues Arising in Acquisitions of China Life Sciences Targets; and Key Regulatory...more

Intellectual Property: Stock Purchases and Mergers

This Note highlights key intellectual property (IP) considerations in stock purchase and merger transactions. It discusses legal due diligence of the target company’s IP and drafting and negotiating IP aspects of stock...more

Trends in Terms of Venture Financings In Silicon Valley (Fourth Quarter 2010)

We analyzed the terms of venture financings for 95 companies headquartered in Silicon Valley that reported raising money in the fourth quarter of 2010. Please see full update below for more information....more

Data protection: How To Seal The Deal

Ann Bevitt of Morrison & Foerster (UK) LLP examines the data protection issues facing both sellers and buyers during the course of a business or share sale. The recent introduction of fines of up to £500,000 for serious...more

2010 Horizontal Merger Guidelines: The View from the Technology Industry

In 2005, MySpace’s position as the leading social networking site appeared assured. It was gaining 70,000 new users every day,1 and by 2006 it was the most visited Web site in the United States. Its 80 percent market share in...more

Dodd-Frank's Mandatory Executive Compensation Clawback

A review of the executive compensation clawback provisions in the recently-enacted Dodd-Frank financial reform legislation, including a checklist of issues for boards of directors and compensation committees to consider in...more

Evaluating IP Assets in an M&A Transaction

Pryor Cashman Partner Jeffrey Johnson has authored an article entitled Evaluating IP Assets in an M&A Transaction. In the article, which was published in The Deal on May 28, 2010, Johnson considers the critical role of...more

Alexandros, et al. v. KOR Electronics, et al.

Statement of Decision Following Trial

The case involved a venture capital-led recapitalization, in which common stockholders claimed that the terms of the recapitalization destroyed the value of their common stock. The common stockholders sued the directors and...more

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