due diligence Archives

Jan 23, 2018

Cybersecurity in M&A Transactions: Frequently Asked Questions

1. What types of transactions implicate cybersecurity and data privacy concerns? Cybersecurity and data privacy concerns arise in many different types of M&A transactions, but greater focus on potential cybersecurity and data privacy issues should be directed toward transactions involving (a) a target company that operates in certain highly-regulated industries, (b) the acquisition of sensitive information and data, and/or (c) the transfer of sensitive information and data across national borders. Target companies that operate in the financial services and healthcare industries, for example, are subject to the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act of 1996, respectively…. Read more

Dec 5, 2017

Common Buyer Mistakes during Merger Upswings

Almost every business desires growth as one of its main goals and mergers and acquisitions are a traditional means of accomplishing such growth. When mergers and acquisitions are on the upswing, many companies feel the need to experience some correlative growth. However, actually achieving positive results is a challenge in itself. Here are some of the most common mistakes companies make when mergers become prevalent and the ensuing need results to keep up with competitors. It is important to utilize the advice of an attorney to avoid any of the following situations. Failing to adequately perform due diligence A business… Read more

Aug 7, 2017

Private Equity’s Impact on Mergers & Acquisitions

A correlate of the notably significant global increase in the volume and value of merger and acquisition (M&A) transactions since the 1990s has been the marked increase in related private equity (PE) purchases. Although initially dominated by industry or sector focused enterprises pursuing expansion, diversification or regeneration, private equity purchases are a significant part of the M&A industry. Private equity firms and industrial or trade enterprises are the two primary types of acquirers involved in M&A. However, both maintain different approaches toward ownership based on distinct goals which affect how a transaction may unfold and what may happen after a… Read more

Jun 7, 2017

6 Must-Ask Questions Before Completing Merger & Acquisition

Franchise mergers and acquisitions are not slowing down, and the deals range from small, like the recent acquisition of Green Home Solutions by Mosquito Shield, to the $1.3 billion tender offer purchase of Popeye’s by Restaurant Brands International, the owner of Burger King and Tim Hortons. The mergers and acquisitions of franchise companies and systems involve many special considerations that set them apart from the acquisitions of other businesses. Such businesses are more than the “sum of their parts” as franchise companies subsist on a foundation built from distinctive business attributes. These include a franchised company’s intangible assets and their… Read more

Oct 18, 2013

EPA to Clarify Brownfields Due Diligence

EPA has announced that it will withdraw its direct final rule published in the Federal Register on August 15, which updated brownfields due diligence requirements, and will issue a new final rule. The August due diligence rule had been criticized because it allowed use of an outdated ASTM standard for “all appropriate inquiry” (AAI) when acquiring brownfield sites, as well as the updated ASTM standard. It was asserted that allowance of two different standards would create regulatory confusion on the level of due diligence required. EPA had been expected to state that ASTM’s latest version of the AAI standard, E1527-13,… Read more