Every merger and acquisition (M&A) transaction involves intellectual property (IP), even if that doesn’t seem to be the case at first glance. To protect assets and allocate risk, an IP specialist should be integrated into the deal team as early as possible to ensure thorough, strategic and matter-appropriate due diligence that will prevent unpleasant surprises after the deal has closed.
Sophisticated deals demand equally sophisticated teams that bring together specialists from every practice area that shapes a transaction. IP plays a critical role in every deal whether or not the parties immediately recognize it. Even when the IP assets involved seem modest, overlooked IP risks can quickly jeopardize an otherwise strong transaction. A skilled IP specialist brings deep hands‑on experience across both IP and business issues, understands deal dynamics, and actively collaborates with the parties, their counsel and key third parties such as underwriters and lenders. Effective diligence and negotiation require stepping out of the IP silo and working as an integrated, solutions‑focused member of the deal team.
