Morrison & Foerster’s Technology Transactions Group brings unmatched licensing and technology transactions experience and insight to the technology and intellectual property aspects of M&A transactions.
We have one of the largest dedicated technology transactions groups of any international law firm, with more than 60 lawyers stationed in major financial centers in the U.S., Asia, and Europe. These lawyers, in turn, leverage the expertise of one of the largest intellectual property practices of any general practice law firm, with about 325 lawyers. This deep bench enables Morrison & Foerster to handle M&A matters both big and small at the pace dictated by the board room.
Our seasoned attorneys do not subscribe to a one-size-fits-all approach when addressing technology and intellectual property issues in M&A transactions. We understand that correct diligence around technology, and appropriate understanding and assessment of the real risks that a target faces, can be a driver of significant value in an M&A project. We focus on both the short- and long-term strategic interests of the client: advising on deal structure, identifying technology and intellectual property risks through a structured diligence process, and working with the client to mitigate and address the allocation of those risks.
Whether acting on the buy-side or sell-side, we focus on the full range of commercial and technology issues underpinning a target company that may affect potential buyers’ future prospects. We have significant expertise in complex transitional services arrangements, ranging from technology to R&D to post-sale financial accounting.
We have negotiated and structured all elements of M&A transactions involving intellectual property and technology assets and have particular experience with complicated divestitures and spin-outs, patent sales, complex licenses for transferred and retained intellectual property rights, contract R&D arrangements, and rights of first refusal for retained technology and intellectual property assets. We have also represented clients in disputes over monies held in escrow after the closing of an M&A deal, for example, on the basis of warranty breaches, disclosure issues, or patent infringement claims brought against the acquired company’s products during the indemnity period.
Our clients include both technology providers and technology-enabled businesses. Our sector-specific expertise in the technology and IP aspects of M&A transactions includes targets in sectors including, in particular: hardware & software; semiconductors; cloud and as-a-service platforms; media & entertainment; life sciences; wireless & mobile products; financial services technology; and digital media/technology.
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