5 Key Takeaways: IP Considerations In M&A Transactions

Mergers and acquisitions (M&A) in the digital era increasingly involve a number of significant intellectual property ("IP") issues. It is critical to a successful M&A transaction for in-house counsel to involve experienced IP counsel, working closely with its M&A counsel, to advise on such issues, including:

• The status of the seller's IP and its treatment in the hands of the buyer is an integral IP issue in M&A transactions. The buyer will want to confirm through both due diligence and contractual provisions that the value it places on the seller's IP is supported by the degree to which the seller owns (or has the right to use) all of the IP that is necessary to conduct its business.