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Category Archives: M&A/Finance

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Bitcoin accepted here? Funding M&A transactions by way of Bitcoin

Posted in E-Commerce, M&A/Finance

There is no denying the increasing popularity and notoriety of the virtual currency Bitcoin.  Bitcoin market capitalization currently stands in the billions of dollars, with over 13 million Bitcoins having been mined and made available for circulation.  An increasing number of merchants, including Dell, have begun accepting payment by way of Bitcoin.  The list of… → Read More

2013 Technology Law Year in Review

Posted in Consumer Protection, Contracting/Outsourcing, E-Commerce, M&A/Finance, Privacy, Regulatory Compliance

2013 was a very active year in the tech sector in Canada.  Some of the leading developments over the last year are summarised below. Tech Transactions – Turbulent Year for BlackBerry (Fairfax transaction) 2013 was a turbulent year for the Canadian leader of the telecommunications industry. It started with a change of name, from Research… → Read More

Personal Information and Privacy Issues in Business Transactions: Part 2

Posted in M&A/Finance, Privacy

In a previous blog entry we canvassed Canadian privacy legislation and offered businesses a cursory review on how to collect, use and disclose personal information legally in the context of a business transaction. Adding to that information, this entry will look at issues that arise during the due diligence phase of a business transaction and… → Read More

Personal Information and Privacy Issues in Business Transactions: Part 1

Posted in M&A/Finance, Privacy

The free flow of information is essential to all business transactions and presents both opportunities and obligations for the organizations involved. Inadequate appreciation for the complexity of privacy legislation and the related implications can become not only an obstacle but a liability. This will be the first part in a series of articles that canvass… → Read More

Lesson for Companies Aquiring Financing: Tort for Breach of Confidence Cannot be Modified by Confidentiality Agreement

Posted in M&A/Finance

 The recent case Scott & Associates Engineering Ltd. v. Finavera Renewables Inc.[1] serves as a warning to many companies, in particular, technology companies that share commercially sensitive information with a perceived partner to secure the necessary funds or financing. The Alberta Court of Queen’s Bench held in this case that a party who shared commercially… → Read More

Social Media, Disclosure and Securities Regulation

Posted in M&A/Finance, Regulatory Compliance, Social Media

 On July 3, 2012, the CEO of Netflix Inc. did what many of us frequently do: updated his Facebook account. However, he updated his account with a post stating that Netflix viewing “exceeded 1 billion hours” in the month of June. This post was viewable by over 200,000 Facebook fans. Netflix Inc. shares rose 6.2%… → Read More

Tips for Tech Companies Looking to Be Acquired

Posted in M&A/Finance

In the organised chaos of running a business, many issues naturally get overlooked until an acquisition is on the table. Stopping for a moment in the early stages to think through deal strategy, due diligence and the acquirer’s needs, saves costs and gets the deal closed. At a recent McCarthy Tétrault seminar, “Are You Ready to… → Read More

Hot Off the Press – Doing Business in Canada 2012

Posted in Copyright, Intellectual Property, M&A/Finance, Patents, Privacy, Trade-marks

If your organization is currently thinking about establishing or acquiring a technology business in Canada, the 2012 edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success… → Read More

Tech Law Summit Recap – Trends in Tech M&A and Tips for Sellers from a Strategic Buyer

Posted in M&A/Finance

During the Tech M&A/Corporate Finance panel at McCarthy Tétrault’s second annual Toronto Technology Law Summit, Ian Palm shared the results of a study into trends and opportunities in the Canadian M&A market, including trends in deal volume, value, geographic origin, and sector. Four of the key takeaways from the study were: Canadian M&A activity in the technology… → Read More

Le Baromètre AQT : les résultats d’une enquête sur les conditions du marché et la force du secteur des TIC au Québec

Posted in Intellectual Property, M&A/Finance

Une récente enquête menée auprès des entreprises du secteur des technologies de l’information et des communications (« TIC ») du Québec a révélé des résultats encourageants et a décelé certains obstacles à la croissance et à l’investissement. SOM, pour le compte de l’Association québécoise des technologies (« AQT »), a mené une enquête auprès de 650 entreprises en TIC… → Read More

AQT Survey Reports on Market Conditions and Strength of Quebec ICT Sector

Posted in Intellectual Property, M&A/Finance

A recent survey of Quebec-based Information and Communication Technology (ICT) businesses revealed some encouraging results and identified some obstacles to growth and investment. SOM, on behalf of the Quebec Technology Association (AQT), surveyed over 650 Quebec ICT businesses with between 4 to 500 employees and analyzed the data collected from 495 of these businesses. The survey… → Read More

Seven Tips for Tech Companies Preparing Disclosure Schedules in M&A Deals

Posted in M&A/Finance

The preparation of accurate and complete disclosure schedules is often a significant challenge for sellers, particularly technology companies with a very small or non-existent office management staff. Often these companies focus their staffing needs on research and development and selling their product. The person who will be preparing the schedules is most likely doing so… → Read More