News & Analysis as of

Mergers & Acquisitions Intellectual Property

Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:

Your Daily Dose of Financial News

by Robins Kaplan LLP on

As widely expected, the Fed affirmed the general strength of the US economy today by raising the benchmark interest rate again today—the 5th raise since the financial crisis....more

Pharma and Biotech: Key Trends and Legal Risks

by Latham & Watkins LLP on

How to thrive amid uncertainty? This was the question we explored at the 35th FT Global Pharmaceutical and Biotechnology Conference. Here are five key industry trends and corresponding practical legal tips to help companies...more

U.S. Employs Rarely Used Tool to Probe China IP Practices

As President Trump visits China, U.S. is investigating a longstanding issue in bilateral relationship—technology transfer/intellectual property requirements—that has potential implications for trade. U.S. business and...more

5 Key Takeaways: IP Considerations in M&A Transactions

Mergers and acquisitions (M&A) in the digital era increasingly involve a number of significant intellectual property (“IP”) issues. It is critical to a successful M&A transaction for in-house counsel to involve experienced IP...more

Intellectual Property Due Diligence In Anticipation Of A Sale Or Purchase Of An Organization

by Fraser Trebilcock on

Is your business anticipating an upcoming merger or acquisition? If so, you will be facing a number of upcoming due diligence responsibilities such as, but not limited to, financial stability, asset valuation, contractual...more

Corporate E-Note - September 2017

by Burr & Forman on

Global companies must safeguard confidential, proprietary information and trade secrets—not just from cybercriminals, “hacktivists,” cyberterrorists, and competitors—but from former employees. Too often, terminated or...more

[Webinar] An M&A Primer for Software Companies - October 18th, 1:00pm ET

by BakerHostetler on

When contemplating a sale of your company, your hope as a businessperson and software engineer is that you have made it as valuable as possible. From a legal perspective, there are some simple, yet important, steps to...more

GovTech M&A

by Womble Bond Dickinson on

A Selection of Evolving Trends in Mergers and Aquisitions - Buyers are aggressively targeting companies with differentiated technology and strategically-positioned intellectual property....more

THE LATEST: Integra Forced to Divest Neurosurgical Tools to Gain FTC Clearance

by McDermott Will & Emery on

WHAT HAPPENED - On February 14, 2017, Integra agreed to purchase Johnson & Johnson’s Codman neurosurgery business (excluding Codman’s neurovascular and drug deliver businesses) for $1.045 billion.... ...more

Pre-Merger Intentional Waiver of Privilege Can Extend to Post-Merger Communications

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ruled that a predecessor company’s intentional waiver of attorney-client privilege can survive the company’s merger. In re OptumInsight, Inc., Misc. Docket No. 2017-116 (Fed....more

Federal Circuit Says PTO Submissions can Waive Privilege to Future Communications

On July 20, 2017, the United States Court of Appeals for the Federal Circuit in In re OptumInsight denied OptumInsight’s petition for writ of mandamus on privilege waiver. The court held that the District Court for the...more

Taiwan: Cross-border opportunities amid global change: Future antitrust merger enforcement in the United States

by White & Case LLP on

The new US administration's antitrust enforcement priorities remain unclear, but signs of a less interventionist approach are beginning to emerge. What does the 2016 US presidential election mean for antitrust policy in...more

Antitrust Division’s Spring Update 2017: Insights Regarding DOJ’s Enforcement and Policy

The Antitrust Division recently issued its 2017 annual spring update. The update emphasizes the Division’s recent litigation victories, particularly in the merger context. In his introductory remarks, Assistant Attorney...more

Virgin America is Dead, Long Live Virgin America’s Marks

A lot happened in 2016. The first thing that comes to my mind as the unexpected event of 2016 is Alaska Airlines’ acquisition of Virgin America. At first glance, Alaska and Virgin didn’t seem to have that much in common....more

Delaware Chancery Court Focuses On Negotiation History In Denying Former Securityholders A Milestone Payment Based On The...

by Shearman & Sterling LLP on

On March 15, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery decided, post-trial, that a biopharmaceutical company was not required to pay a $50 million “milestone payment” under the terms of a merger...more

5 Must Ask IP Due Diligence Questions in Corporate Transactions

When would a company undergo intellectual property due diligence? - Konstantin Linnik: Any corporate transaction involving IP assets necessitates diligence: merger, acquisition, IPO, investment (such as a venture...more

IP Due Diligence: The Five Questions You Must Ask in Corporate Transactions

Konstantin Linnik, Ph.D., a partner in Nutter’s Intellectual Property Department, addressed the importance of intellectual property due diligence in corporate transactions in Nutter Insights. Konstantin discussed when a...more

IP in the mix: M&A Year in Review - 2016

by Hogan Lovells on

Around the globe and across a wide variety of industry sectors, our IP practice collaborated with our corporate and other practice areas of our firm to provide integrated legal services for our clients and friends on...more

RX IP Update - January 2017

by Smart & Biggar on

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld - As previously reported, the Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the...more

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2017

by King & Spalding on

Managing Risks in Acquisitions from Financially Challenged Sellers in the Resources & Energy Sector - Low Commodity Prices - After a decade long boom in the resources and energy sector, prices across almost all...more

The U.S. Federal Trade Commission and the U.S. Department of Justice Issue Updated Antitrust Guidelines for the Licensing of...

by Reed Smith on

On January 13, 2017, the Federal Trade Commission and the Department of Justice issued updated Antitrust Guidelines for the Licensing of Intellectual Property. The updated Guidelines retain the core principles of the 1995...more

Top 12 EU Legal Developments to Watch in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more

Top 5 Patent Red Flags in Life Sciences Due Diligence

by JD Supra Perspectives on

Since IP represents 75 to 90% of the value of life science transactions, due diligence is a critical component of the valuation process....more

President-Elect Trump Has Once-in-a-Century Opportunity to Substantially Revise the FTC’s Law Enforcement and Regulatory Agenda

by McDermott Will & Emery on

SUMMARY: Regulatory reform is the “cornerstone of the Trump administration,” and incoming President Donald Trump has a unique opportunity to quickly and substantially influence Federal Trade Commission (FTC) policy through...more

Mergers & Acquisitions: Trends to Watch in 2017

Canadian M&A activity rose once again in 2016, surpassing a record-breaking 2015 to become the most active year in Canadian deal-making history. In terms of deal value, 2016 will be second only to the peak of 2007....more

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