Navigating Intellectual Property in Mergers and Acquisitions

Abstract

The purpose of this article is to arm in-house counsel with the tools, facts and case studies necessary to guide and assist business leaders, as both a legal and business advisor, in navigating intellectual property issues in mergers and acquisitions ('M&A') transactions. This article will discuss the importance of intellectual property in M&A transactions, delineate a roadmap for conducting intellectual property due diligence and finally provide strategic tips in order for in-house counsel to adequately navigate intellectual property issues in M&A transactions. First, an introduction of M&A and intellectual property basics will be outlined. Second, the alignment of intellectual property and M&A will be explored, emphasizing the importance of understanding both the business goals and intellectual property in M&A. Real world case studies will be drawn upon to highlight the critical nature of this alignment. Third, a roadmap to intellectual property due diligence will be discussed. Finally, strategic tips for in-house counsel to add value to and ensure success of the M&A transaction will be provided.

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