In order to meet the demands of a constantly evolving global marketplace, companies often seek to expand their operations through cross-border mergers and acquisitions. When pursuing an international transaction, the parties must consider a unique aspect of the deal – the legal framework in which the deal and any contractual agreements within it are to be governed. View Full Post
Last year saw an increase in the frequency of data breaches and this trend is unlikely to disappear in 2018. We previously reported on the importance of cybersecurity in the M&A due diligence process. Conducting due diligence of a target’s cybersecurity procedures has become even more crucial in light of Canada’s new notification requirements. View Full Post
In a typical M&A transaction, the vendor and the purchaser are front and centre stage. The spotlight is focused on the parties to the transaction, the negotiations and “papering” the deal. However, together with their respective counsel, the vendor and purchaser must also consider the role of third-party beneficiaries. View Full Post
On January 26, 2018 the Federal Trade Commission announced increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. These reporting thresholds are revised annually based on changes in the US gross national product, and the increases will apply to all transactions that close after the effective date, which likely will be in late February or early March. View Full Post
Life sciences M&A in 2018: key strategic considerations A month into the new year, speculation continues regarding the forces that will shape mergers and acquisitions (M&A) for 2018. EY recently released a report (the Report) forecasting possible M&A trends in the life sciences sector. As noted in the Report, while the total volume and value of M&A in the life sciences sector fell in 2017, the value of M&A in medtech increased 50%, driven by the pursuit of economies of scale in the therapeutic device market. View Full Post