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In brief Our recent Private M&A Report highlights a rise in the use of earnout and contingent consideration structures in private M&A transactions as parties seek to bridge valuation gaps. There are a number of tax pitfalls that can arise for the unwary when using earnout structures. By: Herbert Smith Freehills Kramer
Just last month the company raised $500 million at an eye-popping $43 billion valuation. Databricks has remained a hot startup at a time when interest from investors has cooled across the ecosystem. That would be big money anytime, but especially in the current fundraising climate. All rights reserved.
Unlike a typical merger or acquisition, deals involving government contracts require the navigation of a complex web of federal laws, regulations, security requirements, and procurement nuances that substantially impact valuation, integration, and post-closing operations.
Due diligence and valuation are critical to any successful merger and acquisition (M&A) deal. Valuation: Determining the Fair Valu e Valuation is the process of determining a company’s fair market value. Accurate valuation is essential for successful M&A deals.
To adopt this mantra in an enforcement context, for lenders the top priority should always be valuation, valuation, valuation. Former British Prime Minister Tony Blair once famously declared that “our top priority was, is and always will be education, education, education.” By: Cadwalader, Wickersham & Taft LLP
Accounting firm mergers and acquisitions (“M&A”) are blossoming due to strong recurring revenue models, a great record of organic growth over three decades, light asset investment requirements, and economic recoveries and growth worldwide following the pandemic. These factors have created the opportunity for industry consolidation.
In a decision likely to have a knock-on effect for future fraudulent transfer defense and valuation litigation, the Delaware bankruptcy court recently ruled that the price agreed in the sale of an oil and gas company closed by market participants represents the reasonably equivalent value for the assets being sold and is more reliable evidence of value (..)
Times of economic volatility often increase disparities between a seller’s valuation and the buyer’s valuation of the same company. Earn-out provisions are one tool frequently used to address such disparities.
I learned a few new things in these 2 roles, including how to evaluate a merger opportunity and present it to a corporation’s Board of Directors (BoD). To pick up where we last left off with valuation, I will cover the topic of a Merger Relative Valuation in this blog post and move on to other non-valuation topics from here.
The United Kingdoms Competition and Markets Authority (CMA) has approved the proposed merger of American Express Global Business Travel Group (Amex GBT) and Carlson Wagonlit Travel (CWT Holdings LLC), a global travel and meetings solutions provider. By: Mogin Law LLP
On 5 March 2025, the FCA published the findings from its review of private market valuation practices. A review of fund and portfolio managers found a number of good practices, but also revealed the need for improvement in areas such as conflict management. By: Latham & Watkins LLP
*This piece appears in PitchBook’s 2023 Annual US VC Valuations Report. We believe this is the wrong question—we view a reverse merger as "going public" during your cross-over round, rather than as an alternative to an IPO. By: Mintz - Securities & Capital Markets
While there is tremendous diversity from state to state when it comes to statutory and judge-made law in business divorce cases, business valuation principles are—with a few notable exceptions—far more homogenous. By: Farrell Fritz, P.C.
Below is part 2 of his conversation with Michael Norton, Director of Business Development at Houlihan Capital, a solutions-driven valuation, financial advisory, and investment banking firm. In this Q&A, Michael delves into valuation and deal trends, buyer-seller dynamics, and advice for sell-side businesses.
Canadian private equity firm PartnerOne paid $28.2 million for HeadSpin, a mobile app testing startup whose founder was sentenced for fraud earlier this year, according to documents viewed by TechCrunch. The fire sale was reported by TechCrunch last week.
Just days after the bankruptcy of Thrasio, two other significant players in the world of e-commerce aggregators are merging and raising some extra money to shore up their business and double down on a model it still believes has teeth. Berlin’s Razor Group has acquired U.S.-based
Over the last several years, an acquiring company’s stock has become a more commonly used currency in upstream oil & gas merger and acquisition transactions. This trend can be attributed to its benefits, such as providing flexibility and potential upside for both the acquiring and…. By: Opportune LLP
APAC private equity markets have entered a holding pattern as firms face global trade and tariff uncertainty, but sophisticated managers are uncovering opportunities for investing in high-quality assets at attractive valuations - Private equity in Asia-Pacific made a solid start to 2025, but tariff dislocation has slowed M&A activity somewhat as (..)
A “wait and see” approach is the prevailing sentiment for many market participants; it is difficult to convince boards to advance deals while valuations are unpredictable, while the uncertainty surrounding tariffs is adding complexity to negotiations and long-term planning. By: A&O Shearman
The defense technology sector (defense tech) has experienced remarkable growth in recent years, with projections indicating continued expansion in the near future. This surge is largely driven by increased global defense spending, particularly in the United States. According to the U.S. billion.
E237: AI-Powered Valuation: How AI is Revolutionizing the M&A Process with Simon Leroux - Watch Here About the Guest(s): Simon Leroux is a seasoned entrepreneur and current CEO and Founder of Optionality, an AI-driven platform focused on the mergers and acquisitions space.
Despite a bit of a checkered reputation, non-SPAC reverse mergers are still a thing, and this excerpt from a recent WilmerHale memo (p. 14) says that there’s been an uptick in these deals and that, for some companies, they are an attractive alternative to an IPO: The trend of declining public company valuations (including a […]
On 5 March 2025, the United Kingdoms Financial Conduct Authority (FCA) published the findings of its multi-firm review of valuation processes for private market assets (the Review). By: Proskauer - Regulatory & Compliance
This CLE-accredited live webinar will address strategies for handling valuation disputes and other post-closing adjustments arising from cannabis M&A, looking at before-the-fact transactional considerations and after-the-fact litigation solutions.
Written by Andrew Rice, CPA, CVA , Managing Director of Trout CPA’s Transaction Advisory Services When it comes to selling your business in a merger or acquisition (M&A) transaction, getting the best valuation possible is likely your top priority.
The company announced its most recent raise of $15 million in December, when it also touted a 50% boost in its valuation. On the one hand, while X1’s valuation is not known, it looks like Robinhood is getting a good deal with $95 million. For example, Petal raised $140 million in 2022 at an $800 million valuation.
Permira first revealed plans to acquire Squarespace back in May, offering shareholders in the NYSE-traded company $44 per share — this equated to an equity valuation of $6.6 Website builder Squarespace is no longer a publicly traded company, after private equity firm Permira procured all remaining common stock in the firm.
billion valuation in May 2021 when it announced a $130 million Series C. Atlassian announced this morning that it is acquiring video messaging service Loom for $975 million, the same company that had a $1.53 That was when companies were still thinking about all work being cloud-based and the future looked oh so bright.
Far from being mere taxes on goods, these duties exert a profound and multifaceted influence on the landscape of Mergers & Acquisitions (M&A). Valuation models, which are typically built on projections of future earnings and cash flows, must be meticulously re-evaluated to account for these increased costs.
How do practice valuations compare to those of real estate? What does it take to maximize real estate value? A well-structured lease, of course! Hear the details directly from a seasoned healthcare real estate advisor. link] By: FOCUS Investment Banking
Do we value our possessions more just because we own them? Does this association of value apply to businesses? Almost always. The Cost of Risk- Buyers and sellers of a business often find themselves with a wide gap between what they are willing to pay and accept, respectively, for the business.
23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or acquisition of a contractor with small business awards. Small Business Administration (SBA) on Aug. Comments are due on Oct. By: Holland & Knight LLP
Typeface, a generative AI startup focused on enterprise use cases, has acquired a pair of companies just over a year after raising $165 million at a $1 billion valuation.
Many family law practitioners and not a few business owners probably never heard of the Federal Trade Commission (FTC). A once active part of the business regulatory environment, the agency was placed on sedatives during the Reagan administration and didn’t have much to contribute during the Clinton and Obama years. By: Fox Rothschild LLP
Because of this, understanding the art and science of valuation is essential. Read More » The post The Insider’s Guide to Business Valuation appeared first on Align BA.
In merger and acquisition (M&A) transactions, the earn-out mechanism serves as a strategic tool for conditional payment based on the prospective performance of the acquired entity.
Industry players are dealing with a confluence of stubbornly high interest rates, falling valuations, rising energy and construction costs, and increasingly expensive financing. The European real estate sector is enduring a period of turbulence not seen since the 2008 financial crisis. By: White & Case LLP
We all know that venture capital funding has been down, valuations are down, interest rates are up, and the predicted merger boom has yet to materialize (although deals are still happening). To say it has been a tough time to be a startup founder over the past two years is an understatement. By: Foley & Lardner LLP
His career transitioned into investment banking and fractional CFO services, where he developed significant expertise in mergers and acquisitions, particularly roll-ups. Integrating talent and aligning interests across multiple acquisitions magnifies operational efficiencies, improving prospectives for valuation bumps.
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