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EVENT DETAILS |
NY Tech Alliance Legal Track Event-
When it comes to selling a company, it is easy to focus on the most visible stages of the process - identifying a buyer, negotiating a price, diligence, & documenting & closing the deal. Yet, some of the most important factors in ensuring a successful sale occur much earlier, long before the company is actually in play. This panel will address the long-term considerations that assist in closing a future sale on the best possible terms.
The panel will feature an investment banker who is active in the technology sector, an accountant/capital markets advisor who works with technology companies in M&A (mergers & acquisitions) matters & corporate/M&A lawyers who advise technology companies. They will identify & explore many of the critical factors in long-range M&A planning, including the following:
Recognizing & focusing on the metrics that purchasers in the relevant industry will use to value the company
Staying abreast of developments in the industry, activities of competitors, other acquisition activity & similar market information, in order to identify trends & to be able to recognize when the climate is right for a sale
Considering the effect that change in control & employee vesting provisions will have in ensuring continuity of key employees following a sale & in negotiating the purchase price
Protecting the crown jewels of the company, whatever they may happen to be - intellectual property, key employees, customer lists or otherwise
Being aware of the chilling effect that "right of first offer" & "right of first refusal" contractual provisions can have on negotiations with other potential purchasers
Maintaining orderly legal, commercial & financial records to increase the attractiveness of the company, expedite the sale process & prevent surprises during diligence that can reduce the purchase price
This session will include ample time for networking & Q&A & will be useful to both startup & established companies.
About the Panel:
Paul Ellis, Managing Partner, Paul Ellis Law Group (Moderator)
Paul Ellis is Managing Partner at the Paul Ellis Law Group where he practices in the areas of corporate & securities law, mergers & acquisitions, private equity, angel & venture capital finance, general business advising & the representation of emerging growth companies. He has represented companies ranging from start-ups to multinationals, as well as funds, investment banks & individual investors. Paul counsels on issues including corporate & structuring & formation, early-stage company financing strategies, securities offerings & securities laws compliance, joint venture & strategic partnering relationships, employment & consulting arrangements, option plans & mergers & acquisitions. He has practiced in industries including software/IT, internet/new media, mobile, telecommunications, healthcare, manufacturing, banking & financial services, retail & consumer products, apparel & entertainment, & is regularly involved in cross-border matters. His mergers & acquisitions expertise ranges from smaller transactions in the software/internet/mobile space to major transactions involving companies in the technology, international money transmission, entertainment & consumer products industries.
Bart Breinin, Partner, Paul Ellis Law Group
Bart Breinin is apartner of The Paul Ellis Law Group, where he leads the firm's M&A practice & provides general counsel-level expertise to clients. Bart's practice focuses on M&A, finance, & other corporate & commercial matters. He has advised clients in industries including investment banking, accounting, management & technology consulting, & retail. Bart joined PELG after 16 years at PricewaterhouseCoopers,where he served as a Managing Director in the Office of the General Counsel, advising on numerous U.S. & worldwide acquisitions, divestitures, joint ventures & reorganizations. Previously, Bart was the general counsel of a diversified holding company, & spent a decade practicing at Simpson Thacher & Morgan Lewis. Bart has also acted as a legal adviser to several private equity funds. Bart earned a B.A. from Yale & a J.D. from the University of Virginia. He guest lectures at NYU Law School on the roles of in-house & outside M&A counsel.
Steven Einstein, Vice Chairman, Equitech
Steven Einstein is Vice Chairman of Equiteq, a global investment bank advising on M&A & strategic options to owners of mid-market companies in knowledge-led industries, such as within the technology & consulting verticals. Steven previously served for more than a dozen years as a senior partner in PwC's Chairman's Office acting as the US and, at times, Global Head of Corporate Development & Inorganic Growth Strategy. Earlier, Steven served in various senior-level capacities in the M&A departments of PaineWebber, Morgan Grenfell, & Kluge Subotnick Perkowski. Steven was admitted to the Bars of New York & New Jersey (inactive) & is also a Certified Public Accountant (New York & New Jersey - inactive). Steven received a Bachelor of Science degree in Accounting with honors from Lehigh University, a J.D. from Seton Hall University Law School as well as an LL.M. in Taxation from New York University Law School.
Alan Wink, Director - Capital Markets, EisnerAmper
Alan Wink is Director - Capital Markets at EinerAmper where he assists clients with capital budgeting, capital structuring & capital sourcing. Alan has 20 years of financial & consulting experience, having served as Director of the Interfunctional Management Consulting Program at Rutgers Graduate School of Management, a program he helped build into one of the largest business school-based management consulting practices in the country. Alan spent several years as Director of Financial Analysis for AmBase Corporation (NYSE), where he led approximately $2 billion of corporate acquisition activity. He is also a past Vice President of Capricorn Management, a $100 million private equity fund specializing in restructuring & turnaround opportunities.
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