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Entertainment industry take note: The gold in the gold rush in tech M&A is talent to develop and integrate artificial intelligence technology. Faced with a shortage in skilled employees, buyers are using "acquihires," a discreet M&A strategy that oftentimes flies under the news radar, to bolster AI benches.
The surge in AI acquihires is likely to persist for the foreseeable future. Leading technology companies are dedicating a significant share of their R&D budgets to AI research. Pitchbook reported that in 2020 Facebook, Apple, Microsoft, Google and Amazon spent a combined $133.5 billion on R&D with a significant portion budgeted for AI (see, https://bit.ly/3nYSdFa). Globally, there were 286 AI-related acquisitions in 2019. In 2020, the number of AI transactions increased to 449, an annual growth rate of over 50%, and 2021 appears to be keeping pace.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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