Learn to negotiate the small decisions today that can result in a big purchase price tomorrow.
Thursday May 29, 2014, 6:00 PM
1375 Broadway, 23rd Floor
New York, NY
Fee: Free for NYTECH members and sponsors. $20.00 for non-members.
When selling a company, it is easy to focus on the most visible stages of the process--identifying a buyer, negotiating a price, diligence, and documenting the deal. Yet, some of the most important factors occur much earlier, long before the company is actually in play. On May 29th, we will address the long-term considerations that assist in closing a future sale on the best possible terms.
Our 2014 edition of this panel will feature an investment banker, an accountant with an active M&A practice, a successful serial entrepreneur, a wealth manager and a corporate lawyer. Topics will include the following:
Identifying the metrics that potential purchasers will use to value the company
Staying abreast of industry developments and market conditions in order to recognize the right time for a sale
Considering the effect that change in control and employee vesting provisions will have in post-sale continuity and in purchase price negotiations
Being aware of the chilling effect that right of first offer and right of first refusal provisions can have on a sale
Maintaining orderly legal, commercial and financial records to increase the attractiveness of the company, expedite the sale process and prevent surprises during diligence that can be a basis for reducing the purchase price
Engaging in timely wealth management planning for founders
This session will include ample time for networking and Q&A and will be useful to both startup and established companies.
Michael K. Williams, Director - Mergers and Acquisitions Tax Practice, McGladrey
Michael is a Director in McGladrey's Mergers and Acquistions Tax Practice. He has twenty-five years of experience in public accounting in such areas as mergers, acquisitions, divestitures, internal restructurings, troubled company and bankruptcy taxation, net operating loss utilization, federal consolidated return matters, C corporation taxation, and pass through entity considerations. Michael has led tax planning and due diligence in more than 300 domestic and cross-border transactions.
Michael has been a chairperson and speaker at several conferences involving due diligence and tax topics including the tax aspects of mergers, acquisitions and divestitures.
Prior to joining the Firm in 2012, Michael spent more than twenty years in the tax and transaction practices of two of the Big Four firms.
Mitchell S. Rock, Senior Vice President, The Manhattan Group at Morgan Stanley
With 28 years of Wall Street experience, Mitchell oversees The Manhattan Group at Morgan Stanley. He has spent his entire career providing wealth management advice to business owners and entrepreneurs. Since in many cases the majority of a business owners net worth is reflected in the value of their company his team's primary focus is on maximizing the realization of this wealth and in creating a proper legacy for the family. In addition, utilizing sophisticated wealth management strategies his team will design, implement and monitor a comprehensive plan and make every effort to deliver consistent results. Mitchell received his BA in Accounting from The George Washington University and an MBA in Finance from New York University.
Anthony Grass, Founder & President, e-Market Intelligence, Inc. (e-MI)
Anthony has built and sold companies that combined technology with marketing services, including a sales and marketing communications firm in Chicago, which grew to a 65-person company, and Burson-Marsteller's high-tech sales communications profit center, which became the company's fastest growing and most profitable division. Tony served concurrently on the board of B-M Enterprises and as President of the National Computer Graphics Association in New York. His experience also includes serving as VP Marketing for Oxford Molecular Group, an international biotech, including growing and rebranding the company for successful sale.
Paul Ellis, Principal, Paul Ellis Law Group
Paul Ellis is the principal of a six-lawyer firm, Paul Ellis Law Group LLC, and is a founding board member of the New York Technology Council (NYTECH) and leads NYTECH's bi-monthly series of legal events. He has represented companies ranging from start-ups to multinationals, as well as funds and individual and institutional investors. Mr. Ellis counsels on issues including formation, early-stage financing, joint venture and strategic partnering relationships, employment, equity plans, mergers and acquisitions, and, together with his colleagues, protection and licensing of intellectual property. Beyond the software/internet/IT industries, he has practiced in industries including telecommunications, healthcare, manufacturing, banking, real estate, consumer products and entertainment.