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Intellectual Property in M&A Transactions

By John A. Lingl and Michael N. Spink

Recently, intellectual property (IP) has become recognized as the most valuable bargaining chip in today's information-based economy. For companies that rely on innovation, intellectual property assets increasingly drive mergers and acquisitions. Ironically, however, the strategic value of certain IP assets can be overlooked in transactions driven by other considerations. To best protect their companies' interests, corporate counsel should be aware of the IP implications of every M&A transaction, and should adopt a formal approach to identifying those assets and performing IP due diligence.

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