Webinar: Tech M&A Today: Legal, Accounting and IP Issues: What to Look For When Investing or Acquiring a Technology Company

2020 has been a year of uncertainty.  Government shutdowns, health worries, and a remote workforce have made the business community jittery. But the situation does present business continuity opportunities.

Considering the economic downturn caused by the pandemic is now the time to consider M&A or investing in a tech company? Or is the current economy too tenuous?

While the merger and acquisition market has declined, companies that are making M&A or tech investment moves typically outperform those that do not.  Innovative business owners need to assess opportunities for growth despite the downturn.

When reviewing the options, there are accounting, legal, and intellectual property considerations. Join Marcum, Farrell Fritz, and Carter Deluca for a review of the facets of M&A and tech investment activity to succeed and make it through these challenging times:

Accounting concerns:

• Preparing your financial statement for potential restructuring
• Review versus an Audit and the reliance on each
• Tax attributes that appeal to investors including R&D credits and NOL’s
• The need for a valuation

Legal perspective:

• Key issues when preparing for and negotiating a technology company acquisition
• Strategic advantages vs. IPO
• Due diligence and impact on representations and warranties
• Employee retention issues
• Impact of COVID on tech M&A

IP considerations:

• Breadth and scope of patent portfolio. Do the patents cover the core technology and the products being manufactured?
• Was a freedom-to-operate analysis performed on the core technology?
• Any threatened or pending IP litigation?
• Who owns the IP? Is there s security interest on the IP?
• Have the logos and brand names/trademarks been registered in US and worldwide? Any prior users of the brand names/trademarks?
• What is the culture of the company in protecting its IP?

PANEL:

George Likourezos, Partner, Carter DeLuca

Alon Kapen, Partner, Farrell Fritz

Karen O’Connor, Partner, Marcum