January, 2022

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Top 7 Pitfalls That Buyers Face During M&A Diligence, with Joe Beer

Sun Acquisitions

Background photo created by creativeart – www.freepik.com. The road to business acquisition is fraught with great danger, numerous pitfalls, and unforeseen challenges. Knowing what to look out for during due diligence and surrounding yourself with a team of trusted M&A advisors can help offset the inherent dangers with mergers and acquisitions.

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Capturing Deal Value through a successful PMI

Mergerware

Traditionally M&A deals are known to be explored for either growing a company’s market share or because the company believes it can capitalize on cost savings. When it comes to M&A integration, speed of the integration is considered a mantra of deal rationale success. The first 100 days are considered crucial for acquisition success. The […].

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Bob Saget and open source license compliance

Synopsys: M&A

Unique open source licenses provide amusement for developers but they create extra work for legal teams overseeing a company’s IP. The post Bob Saget and open source license compliance appeared first on Software Integrity Blog.

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Top Five Integration Best Practices to Achieve Maximum Revenue Synergies

M&A Leadership Council

It Is Up To You to Stack the Deck. By Mark Herndon, Chairman of the M&A Leadership Council . Integration is tough. There are no formulas. No cookie-cutter patterns. Seldom a simple solution. But as my friend and President Emeritus of the M&A Leadership Council, Jack Prouty, says – there is a way you can “stack the deck for success.”. Your organization can diligently apply specific integration best practices - proven to yield demonstrable business results , and do just that.

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Navigating the Future: Generative AI, Application Analytics, and Data

Generative AI is upending the way product developers & end-users alike are interacting with data. Despite the potential of AI, many are left with questions about the future of product development: How will AI impact my business and contribute to its success? What can product managers and developers expect in the future with the widespread adoption of AI?

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What to Look for in a Pest Control Exit Planning Firm

PCO M&A Specialists

It’s no secret that interest in mergers and acquisitions in the pest management industry persists. At PCO M&A Specialists, we completed a record number of deals in 2021, totaling more than $250 million of enterprise value. With baby boomers (who are approaching retirement age) at the helm of many successful pest control firms, plus the potential for an unfavorable policy environment on the horizon, we expect the uptick in M&A activity to continue for the foreseeable future.

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Where Mergers Go Wrong: 5 Overlooked Missteps

Align Business Advisory Services

Harvard Business Review says between 70% and 90% of mergers and acquisitions fail, which is a startling statistic. When thinking about how to become part of the minority, the first step is to consider the common missteps those other businesses make so you don’t too. Some mistakes are obvious, but some are often overlooked. What. Read More » The post Where Mergers Go Wrong: 5 Overlooked Missteps appeared first on Align BA.

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How do you deliver the Cost and Growth Synergies?

Mergerware

“M&A is a confidence game. With political certainty, the end of the pandemic in sight, and strong capital markets, the confidence levels in the C-suite and board rooms are high. That bodes well for M&A,” says Anu Aiyengar, JP Morgan’s Global Co-Head of M&A. Aiyengar’s sentiment rings true in M&A markets today. A combination of […].

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Manage risks with software due diligence and open source audits

Synopsys: M&A

Similar to a home inspection, M&A software due diligence helps organizations assess the risk of an investment. The post Manage risks with software due diligence and open source audits appeared first on Software Integrity Blog.

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Sun Acquisitions Announces the Sale of a Sheet Metal Fabrication & Machining Company

Sun Acquisitions

Sun Acquisitions is pleased to announce the successful acquisition of an experienced sheet metal fabrication and machining company based in the Greater Chicago area. This family-owned metal fabrication business, founded over 15 years ago, specializes in precision sheet metal fabrication and machining to laser cut, punch, form weld, and finish customized parts.

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Predictions You Can Rely On: How Data Drives Successful Financial Forecasting

Speaker: Robbie Bhathal, Founder & CEO, and Matthew Acalin, Head of Credit Intelligence

In today's volatile financial environment, how confident are you in your company’s financial forecasting? To get the most accurate cash predictions that will lead to long-term financial survival, real-time data is critical. Innovative cash management strategies can lead to better credit opportunities, more sustainable growth, and long-term financial prosperity.

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Executing Integration for Maximum Results

M&A Leadership Council

. 20 Essential Requirements for Success . by Mark Herndon, Chairman of the M&A Leadership Council . We have said it, you have said it, we have all said it. Let’s say it together one more time: “There is NO “cookie-cutter,” formulaic approach to M&A integration success.” There are, however, MANY fundamentally important and essential requirements for success that stand-out as guideposts.

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Delaware Court Of Chancery Dismisses Derivative Claims Challenging Stock Sale Allegedly Based On Adverse Nonpublic Information For Failure To Plead Demand Futility

Shearman & Sterling

On December 15, 2021, Vice Chancellor Lori W. Will of the Delaware Court of Chancery dismissed stockholder derivative claims for breaches of fiduciary duty asserted on behalf The Kraft Heinz Company (the "Company") against an investment firm (the "Investment Firm") that had previously held 24.2% of the Company's shares, as well as against certain alleged dual fiduciaries of the two entities.

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Focus Strategies Investment Banking Advises Hahn on its Acquisition of Statistical Vision

Focus Strategies

Hahn, an Austin-based marketing and communications agency, has acquired Statistical Vision, a Houston-based data science and analytics firm. Focus Strategies, LLC served as the exclusive financial advisor to Hahn throughout the transaction. The post Focus Strategies Investment Banking Advises Hahn on its Acquisition of Statistical Vision first appeared on Focus Strategies Investment Banking.

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Hart-Scott-Rodino Act Thresholds Jump in 2022

Cooley M&A

Basic ‘size-of-transaction’ threshold now $101 million. The Hart-Scott-Rodino Act thresholds, which govern when mergers and acquisitions must be reported to the US Department of Justice and Federal Trade Commission, will jump 9.8% in February 2022. The basic “size-of-transaction” threshold will increase from $92 million to $101 million. The FTC announced the annual revisions on January 21, 2022, based on the change in the US gross national product (GNP) in the government’s last fiscal year.

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How Embedded Analytics Gets You to Market Faster with a SAAS Offering

Start-ups & SMBs launching products quickly must bundle dashboards, reports, & self-service analytics into apps. Customers expect rapid value from your product (time-to-value), data security, and access to advanced capabilities. Traditional Business Intelligence (BI) tools can provide valuable data analysis capabilities, but they have a barrier to entry that can stop small and midsize businesses from capitalizing on them.

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M&A in a Pandemic Environment

Trout CPA: M&A

Download the PDF Version By W. Michael Wolfe, CPA/ABV, CVA, Valuation Services Partner at Trout CPA Pandemic Impact on M&A We can now appreciate the normalcy that existed at the end of 2019. There was plenty of M&A activity, lots of “dry powder” with private equity firms, low interest rates, and a great time to sell or buy a business. Then came the COVID-19 pandemic in early 2020 and the ensuing chaos in business – shutdowns, government assistance, labor problems, and most recently, the

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Top 7 Major Reasons to Use Acquisitions for Growth

Sun Acquisitions

Infographic photo created by yanalya – www.freepik.com. Are you wondering why people purchase businesses? When it comes to reasons for pursuing an acquisition there is no one-size-fits-all explanation. The motives for business acquisition are as vast and varied as there are people. Without doubt, acquisition is one of the fastest ways to grow your existing business, acquire assets, and new talent.

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What Does Your Approach to M&A Integration Strategy Look Like?

M&A Leadership Council

. Before Launching Your Next Integration Take a Good Look. by Mark Herndon, Chairman of the M&A Leadership Council . It’s not a trick question: “How do you know you are ready to launch integration planning?” Our answer? Not until you’ve done THIS – created a comprehensive Integration Strategy Framework (ISF). . We’ve studied, consulted, and written extensively about the importance of conducting a thorough ISF.

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Delaware Court Of Chancery Sustains Class Action Claims For Breaches Of Fiduciary Duties And Aiding And Abetting Arising From Alleged Omissions In SPAC Merger Proxy

Shearman & Sterling

On January 3, 2022, Vice Chancellor Lori W. Will of the Delaware Court of Chancery largely denied a motion to dismiss a putative class action brought by the stockholders of Churchill Capital Corp. III, a special purpose acquisition company or "SPAC" ("Churchill") alleging that the company's controlling stockholder, officers, and directors ("the Company Defendants") breached their fiduciary duties and the company's financial advisor aided and abetted that breach

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Embedding BI: Architectural Considerations and Technical Requirements

While data platforms, artificial intelligence (AI), machine learning (ML), and programming platforms have evolved to leverage big data and streaming data, the front-end user experience has not kept up. Holding onto old BI technology while everything else moves forward is holding back organizations. Traditional Business Intelligence (BI) aren’t built for modern data platforms and don’t work on modern architectures.

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5 M&A Integration Trends to Watch in 2022

Mergerware

After 2020, no one feels confident to be in the predictions business, but I predict with 99.99% certainty that 2021 will go down as the year all prior M&A deal records were broken. It’s an easy prediction since most records were broken this summer. Records reported by Refinitiv in October like number of deals done […].

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Antitrust Trends to Look Out for in 2022

Cooley M&A

One year into his administration, President Joe Biden has made clear that aggressive competition policy is on the agenda. With a team of progressives filling leadership roles at the Federal Trade Commission and in the Antitrust Division of the US Department of Justice, companies are able to predict what the next several years may look like. Lina Khan, a former Columbia Law professor, has headed the FTC since June 15, 2021, and has filled top spots in the Bureau of Competition and Consumer Protec

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Delaware Court Of Chancery Finds Transfer Restrictions On Stock Issued In Connection With A De-SPAC Merger Inapplicable To A Legacy Operating Company Stockholder Based On The Language Of The Relevant Bylaw

Shearman & Sterling

On January 10, 2022, Vice Chancellor Lori W. Will held that shares of defendant Matterport Inc. ("New Company") issued to plaintiff in connection with the acquisition of Matterport Operating, LLC ("Legacy Company") by a special purpose acquisition company ("SPAC") in a "de-SPAC" merger were not subject to a transfer restriction in the New Company's bylaws.

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Cooley’s 2021 Tech M&A Year in Review

Cooley M&A

General trends in tech M&A. Hello, (virtual) world once again! Despite everyone’s efforts in 2021, including the rollout of vaccines and varying rounds of lockdowns and work-from-home mandates, a true “return to normal” for M&A dealmakers was foiled anew by COVID-19 and its variants. Undeterred by the pandemic, high target valuations, intense competition for attractive assets and regulatory uncertainty, the deal world again proved that robust activity is possible with distributed workfor

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How to Leverage AI for Actionable Insights in BI, Data, and Analytics

In the rapidly-evolving world of embedded analytics and business intelligence, one important question has emerged at the forefront: How can you leverage artificial intelligence (AI) to enhance your application’s analytics capabilities? Imagine having an AI tool that answers your user’s questions with a deep understanding of the context in their business and applications, nuances of their industry, and unique challenges they face.

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Cooley’s 2021 Life Sciences M&A Year in Review

Cooley M&A

General trends in life sciences M&A. Although the COVID-19 pandemic that defined 2020 continued to shape much of the life sciences industry in 2021, the way that it did was markedly different. While 2020’s M&A landscape was characterized by whiplash volatility from choppy deal activity in the first half of the year to a surge in volume in the second half, that momentum accelerated in 2021, with no signs of slowing down heading into 2022.

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Delaware Court Of Chancery Dismisses Derivative Claims Challenging Stock Sale Allegedly Based On Adverse Nonpublic Information For Failure To Plead Demand Futility

Shearman & Sterling

On December 15, 2021, Vice Chancellor Lori W. Will of the Delaware Court of Chancery dismissed stockholder derivative claims for breaches of fiduciary duty asserted on behalf The Kraft Heinz Company (the "Company") against an investment firm (the "Investment Firm") that had previously held 24.2% of the Company's shares, as well as against certain alleged dual fiduciaries of the two entities.

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Delaware Court Of Chancery Sustains Class Action Claims For Breaches Of Fiduciary Duties And Aiding And Abetting Arising From Alleged Omissions In SPAC Merger Proxy

Shearman & Sterling

On January 3, 2022, Vice Chancellor Lori W. Will of the Delaware Court of Chancery largely denied a motion to dismiss a putative class action brought by the stockholders of Churchill Capital Corp. III, a special purpose acquisition company or "SPAC" ("Churchill") alleging that the company's controlling stockholder, officers, and directors ("the Company Defendants") breached their fiduciary duties and the company's financial advisor aided and abetted that breach

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Delaware Finds Stockholder Claims Against SPAC Fiduciaries Subject to Entire Fairness Review

Cooley M&A

As SPAC IPOs broke records – in both value and volume – in 2020 (and again in 2021), it was inevitable that stockholder litigation would follow. More than 50% of the SPACs that went public in 2020 and 2021 are incorporated in Delaware, giving particular significance to SPAC litigation filed in Delaware courts. On January 3, in In re MultiPlan Corp. Stockholders Litigation (Del.

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Embedded Analytics Insights for 2024

Organizations look to embedded analytics to provide greater self-service for users, introduce AI capabilities, offer better insight into data, and provide customizable dashboards that present data in a visually pleasing, easy-to-access format. To better understand the factors behind the decision to build or buy analytics, insightsoftware partnered with Hanover Research to survey IT, software development, and analytics professionals on why they make the embedded analytics choices they do.