Intellectual Property Transactions Co-Head Quoted in Corporate Counsel: How In-House Counsel Can Best Protect IP in M&A Deals
Intellectual property transactions co-head Ed Black (Boston) was quoted in a Dec. 5 Corporate Counsel article providing guidance for in-house counsel regarding the protection of intellectual property during mergers and acquisitions.
To best position a company through the M&A process, Mr. Black advises in-house counsel to have proper nondisclosure agreements at the outset of the deal. Disclosures should be staged so certain IP information is provided at the beginning and, to the extent practical, other content is given only later in the deal process. During M&A deals, in-house counsel should manage trade secret information to limit the risk of improper disclosure while still getting the deal dues.