New Thresholds for Hart-Scott-Rodino Filings on Large Mergers, Acquisitions and Company Sales

If you are planning a merger, sale or acquisition of a company nearing $16 million of assets or annual sales and you have over $160 million in assets or annual sales, determine whether you are required file a notice with the Federal Trade Commission and Department of Justice. Under the Hart-Scott-Rodino Act, parties to sizeable

Know Your Worth: Valuing Your Business

Thinking about selling your company? It is paramount to know your company’s fair market value so you can get an appropriate price. Fair market value is typically determined as enterprise value by taking a multiple of EBITDA (earnings before interest, tax, depreciation and amortization), with the multiple being determined by industry norms, which are subject

Dealing with Buyer’s Remorse: What to do when Deals Go Wrong

The energy industry experienced a renaissance in recent years. The combination of hydraulic fracturing and GIS software led to remarkable expansion of US oil and gas production. Unfortunately, the industry has become the victim of its own success. The dramatic drop in oil prices in the past year have been the result of a glut

Special Issues in Technology Acquisitions

Technology is so ever present in our lives and our businesses that nearly any deal could be described as a “tech deal”.  Acquisitions of a software company, the manufacturer of a drillship’s dynamic positioning system, or healthcare information technology provider involve some similar legal issues despite the differences in their industries. This brief article will

Latest Corporate Inversion: Johnson Controls and TYCO

According to New York Times’s Dealbook, Johnson Controls has agreed to merge with Tyco to redomicile from the United States to Ireland and thereby reduce its global tax bill. Corporate inversions have been in the IRS’s cross-hairs for some time. Recently, in November 2015, Treasury announced new rules intended to make corporate inversions more difficult.