Due Diligence of Intellectual Property in Mergers and Acquisitions: Integrating Information Technology Policies and Procedures

This article discusses the issues for a company, and its counsel, to consider when inheriting different policies and procedures for information technology after a merger or acquisition. This article also includes a practical guide to integrating such policies and procedures and timing suggestions for completing the necessary steps. The article will also address special topics such as privacy policies, open source issues, and export compliance. … [ Read more ]

Patent Issues Relating to Acquisitions: Conducting Intellectual Property Due Diligence

Thorough and comprehensive Intellectual Property (IP) due diligence requires much more than compiling a listing of the company’s IP assets. Rather, IP due diligence requires assessing the strength of the company’s IP rights in the marketplace, the strength of the competitors’ rights in the marketplace, and the effect of the IP on the base company’s products and other IP rights. [Hat Tip to themanager.org]

Stars and Keepers

How do you retain key talent amid merger mayhem? This article summarizes the talent retention strategy created and executed during Borland Software’s acquisition of Segue Software in 2006. This strategy is applicable for any company that desires to grow through the acquisition and integration of intellectual capital, regardless of sector.

The Brave New World of M&A – How to Create Value from Mergers and Acquisitions

Despite the mounting competition for M&A and size of deals, it is still possible to create substantial value from transactions by following some systematic rules. This report, based on one of the largest studies of M&A (over 4,000 completed deals), explai

Warren Buffett

Many managements apparently were overexposed in impressionable childhood years to the story in which the imprisoned handsome prince is released from a toad’s body by a kiss from a beautiful princess. Consequently, they are certain their managerial kiss will do wonders for the pro…tability of Company T[arget]…We’ve observed many kisses but very few miracles. Nevertheless, many managerial princesses remain serenely confident about the future potency … [ Read more ]

Peter Skarzynski

Two large companies that join together are typically so focused on market domination or operational integration that they have no time to think about strategic innovation. Instead of creating entirely new business models, post-merger supersized companies prefer to use their new bulk to coast on the fumes of past glory and brand name. Mergers of equals often turn out to be mergers of the equally … [ Read more ]

Gary Hamel

To a large degree, jumbo-sized acquisitions are simply a response to the pressure CEOs feel to deliver above-average growth in revenue and earnings — a pressure that is more easily relieved via deal-making than through the arduous task of developing strategies that might rev up internal growth. This pressure is particularly acute when a company feels it has lost ground to a larger rival.

But while … [ Read more ]

Steve Rimmer, Barbara Kraft and Charles Wheeler, with Joy Gramolini

Values, by definition, are virtuous, noble benchmarks for behavior. You would be hard pressed to find two groups that disagreed with each other’s value statements. True cultural integration, however, requires a focus on both organizations’ actual behaviors-not on rhetoric surrounding their conceptual values.

Saikat Chaudhuri

Companies tend to give attention to those innovation acquisitions which are complex, but underestimate, or are unsure how to handle, those deals surrounded by uncertainty.

Saving $3 Billion the HP Way

Written off as just another ill-conceived megamerger, Hewlett-Packard has exceeded all its goals. Here’s why the union has worked — so far — and what must come next.

Henry Mintzberg

Everything that effective managers do is sandwiched between reflection and action. In other words, managers work where reflective thinking meets practical action. This interaction is clearly visible on three levels. A first level concerns people and their interpersonal relationships, where the orientation often has to be collaborative. A second is that of the organization, where we find the greatest attention to analysis. The third is … [ Read more ]

Mark L. Sirower

Paying with stock is a strong signal that not only do you think your shares are overvalued but that you are not totally confident about the success of the deal.

John McCain

Companies consolidate when they can’t compete.