As previously discussed on this blog, the first half of 2015 has seen significant mergers and acquisitions activity.

Forbes contributor, Michael Schwerdtfeger, recently commented that "2014’s dynamic merger & acquisition market is galloping right into 2015."

A review of recent M&A transactions throughout North America and within Canada suggests that the M&A market is rebounding following a sluggish 2013.

Studies reveal that 50 to 70% of M&A transactions ultimately fail to realize expected synergies and, in fact, many actually dilute shareholder value.

Although it may not be at the forefront during merger negotiations, the acquiring company should turn its mind to the possibility of mass terminations.

Crosbie & Company's quarterly Canadian M&A Report has indicated an overall decline in activity for the first quarter of 2015, with total deal volume down 7% and total value down 46% from the previous quarter.

Bay Street appears to be abuzz with optimism that mining M&A is finally going to make a comeback.

On October 28, 2015, the Ontario Securities Commission (OSC) released further changes to its proposed whistleblower program.

Private equity investors when investing in new portfolio companies, seek to align management's interests with that of the PEI to grow the value of the portfolio company and achieve a profitable return in the investment upon exit.

Private equity investors (PEIs) are often a good source of capital for companies looking to start, maintain, or grow their operations and can also provide significant operational and transactional expertise.

The threat of terrorism and its potential impact on companies should always be considered when negotiating M&A transactions in any country or environment.

A hacker group have infiltrated over 100 publicly traded companies and advisory firms since at least mid-2013 and are likely trading using inside information.

Although mergers and acquisitions are common methods to scale a business, these strategies may require substantial amounts of cash and/or a flexible capital structure.

It is a well-established principle in Canada that where two corporations amalgamate, the new, continuing corporation assumes all of the liabilities and obligations of each of the constituent corporations.

With a quiet Q1 and Q2 in the technology M&A space, Q3 2013 brought a pleasant surprise with its surge of deal activity, making for a healthy (and busy) end of year for the sector and raising hopes that the momentum will carry into 2014, surpassing the prosperous 2012 numbers, and making next year the year of the tech deal.

Earlier this month, we posted the first instalment in our two-part series summarizing Deloitte’s Technology M&A Report which outlines the top ten considerations for tech and other companies to keep in mind when using M&A to fuel development and growth.

The success rate of M&A deals has somewhat improved in the new millennium, increasing from an average of 35% to 55%.

Indemnification provisions are an essential component of any M&A transaction and, for obvious reasons, buyers and sellers have opposite agendas in drafting the scope and substance of their inclusion in a transaction agreement.

For the majority of employees, vacation time, vacation pay and public holidays will be set out in the terms of their employment contract.

A very recent Supreme Court of Canada decision considered the parameters of the duty to bargain in good faith.