Archive for mergersandacquisitions SmartBlogs
In my last post, I discussed some of the ways that companies contemplating an initial public offering or a possible acquisition by a larger firm (so-called “pre-IPO/pre-acquisition companies”) can use strong corporate governance practices, particularly readiness to comply with the Sarbanes-Oxley Act of 2002, as a means of demonstrating additional value to potential investors or acquisition suitors.[…] Continue Reading »
The primary focus of the well-publicized and sweeping corporate governance reforms adopted over the last decade, such as the Sarbanes-Oxley Act of 2002 (“SOX”) has been public companies, but elective compliance with certain provisions of SOX by privately held companies can provide significant advantages.
In fact, many private companies are discovering that they can actually enhance the value of their businesses and improve operational procedures through changes in areas such as internal controls, board composition (e.g., independent directors), audit committees, and development and implementation of codes of business conduct and ethics.[…] Continue Reading »
Another article on mergers and acquisitions? And cross-border deals at that! Why bother, given that so much literature has been published on cross-border M&A, especially with respect to why some transactions — particularly cross-border ones — often crash and burn?
This article, however, looks at such deals from another angle.
In addition to the more typical corporate law and organizational structure discrepancies, geopolitical and sociocultural differences endemic to different countries (or even regions within the same country) should be added to the long list of challenges that routinely occur when two business organizations, located in separate countries, try to merge.[…] Continue Reading »
I recently wrote an article (login required) for Business Law Currents, a Thompson Reuters publication, that laid out the top dozen issues parties to a prospective joint venture need to consider before investing the time and resources necessary to achieve the expected benefits of collaboration.
The discussions surrounding each of those issues are important in establishing the overall goals and objectives of the JV and the framework for implementation.[…] Continue Reading »
Today’s working environment is global in scope, rife with uncertainty and lacking in long-term guarantees. In such a setting, company culture has been emphasized, whether to assuage employees and shareholders or provide a rallying point, a mission or a common set of business goals — and even as the difference between success and failure.
But what is culture, and what does “getting it right” mean?[…] Continue Reading »