M&A Due Diligence & Cybersecurity

Mergers and acquisitions (M&A) are fairly routine deals these days, and conducting a due diligence investigation to identify and rectify potential issues before sealing the deal is obligatory. Although due diligence is an expected part of the process, the scope of the investigation continues to evolve. These days, companies need to scrutinize more than just financials, with matters related to technology and cybersecurity becoming increasingly important. Here are the key aspects of cybersecurity to consider during due diligence:

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When is the Right Time for my Startup to be Acquired?

For startup founders, once a business is on a roll, it can become increasingly difficult to balance upward success. On the one hand, you want your company to grow and do well, but there are understandable concerns that larger, better funded competitors will swoop in and pull the rug out from under you. They may do this by delivering the same product or service in a bigger and better fashion, or they may come directly for your business and seek to acquire you before you are actually ready. There may not be a perfect time to submit to an acquisition, but there are definitely some telltale signs in the business life cycle that help suggest when the time is right. Here are some things to consider when deciding if it is the right time for your startup to be acquired.

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How to Maintain Confidentiality in M&A

It is imperative for companies to take steps to safeguard valuable data, and this is particularly important during transactions that require collaboration with external parties. During a merger or acquisition, a great deal of data will have to be shared and analyzed, increasing the likelihood of it becoming compromised or misappropriated. Here are some tips on maintaining confidentiality:
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5 Tips to Make a Stellar First Impression When Meeting With Investors

Startup founders know that securing funding early is critical to a company's long term success. As a result, there is a lot of pressure and stress when seeking investors and participating in fundraising rounds. Company leaders must ensure that they are completely prepared before diving in head first, so here are some tips to make a stellar first impression:

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3 Steps to Close Deals Faster

For most entrepreneurs, it is incredibly exciting to grow a business and to have the opportunity to source and close deals with strategic partners to further the company's objectives. Unfortunately, the increasingly litigious nature of the business world and the ensuing need to institute precautions to avoid substantial risk and liability has resulted in it taking quite some time to get a deal formally closed. The negotiation process often goes round and round as the parties jostle for the advantage, and then getting the agreement into an acceptable written form requires even more time. Here are 3 steps to take to help close deals faster:

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5 Roadblocks to a Timely Close

It takes a lot of diligence and hard work to close deals, especially mergers and acquisitions, and there are ample opportunities along the way for things to get derailed. Even if a deal manages to stay on track, it is all too common for the closing date to be postponed and postponed because of both foreseeable and unforeseeable obstacles. Here are five common roadblocks to a timely close and some tips on avoiding them:

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A Look at Management Buyout Acquisition (MBO)

Company acquisitions are fairly commonplace these days, and with increasing globalization, a good number of these deals are cross-border transactions. Although many acquisitions usually involve a large company buying a somewhat smaller company, there are quite a few ways to structure these kinds of deals. One type of acquisition that tends to be a bit faster and smoother than other types is a management buyout acquisition, usually called an MBO. This sort of acquisition may not be available or feasible for some companies, as there simply may not be a management team able or willing to take on this kind of situation. However, MBOs certainly have a number of advantages, as explained below.

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4 Business Sale Deal Killers

Companies buy and sell all or part of other businesses on a pretty regular basis, but getting through the sales process isn’t always easy to do. There are plenty of times throughout the life of the transaction that things can easily go wrong, from the very initial discussion to sitting at the closing table itself. Although there are a lot of different reasons that the transaction may fall apart unexpectedly, there are some deal killers that pop up more often than others. Here are four ways a business sale can get derailed:

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Hard Due Diligence & Soft Due Diligence: The Difference Between the Two

Due diligence is an inevitable part of the process when two or more companies are merging or one company intends to acquire another one. The investigation essentially involves a ton of information gathering and analysis, as those involved in the deal want to ensure that they completely understand where the other party stands with respect to a number of important matters. Even though there is a basic structure and purpose, not all due diligence investigations will proceed in the same manner or address the same issues. In fact, there has been a growing trend toward the inclusion of both hard due diligence and soft due diligence. For those not as familiar with this newer focus, here is a rundown on the two types:

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The Key Players In M&A

Businesses of all sizes and across all sectors are no doubt familiar with the increasing ubiquity of mergers and acquisitions (M&A). Companies embark on M&A deals for various financial and strategic reasons, but they tend to be rather complex transactions so careful consideration and planning must take place before jumping in head first. One of the key things that a company must understand when determining whether to merge with another company, acquire one, or perhaps be acquired itself is the type of entity or people that will be involved in facilitating the deal. There are different ways to structure an M&A deal and how it is done often impacts the way in which things will play out after the fact. Here are some of the most common players in the M&A space:

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