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What is a hostile takeover, and is it legal in California?
A hostile takeover occurs when a separate corporation acquires or takes over a company without seeking or obtaining the approval or consent of the board of directors. The acquired company is the target company. The acquirer executes the takeover. Hostile takeovers are legal, but many legal barriers can manifest during the takeover. How does a hostile takeover happen in a company? The acquirer will first attempt to make a friendly offer to the board members to buy the target c

NewPoint Legal Team
Jul 26, 20233 min read


Federal judge temporarily blocks Activision Blizzard acquisition
California residents who follow developments in the entertainment sector will probably know that Microsoft has offered $68.7 billion to acquire the video game developer Activision Blizzard. The proposed acquisition is fiercely opposed by Microsoft gaming rival Sony, and The United Kingdom’s Competition and Markets Authority has blocked the deal. The U.S. Federal Trade Commission has also voiced opposition to the acquisition. Federal judge blocks acquisition Industry experts e

NewPoint Legal Team
Jun 19, 20232 min read


The advantages and disadvantages of horizontal integration
California residents who follow business news may have heard the term “horizontal integration”. This is the merger of two companies that operate in the same industry and at the same point in the supply chain. Horizontal integration unites competitors and increases market share and influence, but it also has some disadvantages. Horizontal mergers between market leaders are closely scrutinized by the Federal Trade Commission, and the larger companies that emerge from these tran

NewPoint Legal Team
Apr 27, 20232 min read


Understanding the Unique Benefits of Mergers Compared to Acquisitions
When media outlets in California and around the country mention mergers, the transactions they are reporting on are usually acquisitions. A merger is the joining of two companies of approximately equal size, which does not happen very often. An acquisition is the outright purchase of a company by a (usually) much larger company, which is far more common. Merged companies combine their assets and liabilities. A company that completes an acquisition assumes the assets and liabi

NewPoint Legal Team
Apr 10, 20232 min read


How a reverse merger works
When a privately-held company in California gains a majority stake in a publicly-traded company, this is known as a reverse merger. This is typically undertaken so that they can bypass the traditional initial public offering process, which tends to be expensive and takes a lot of time. It’s important to note that a reverse merger should make shareholder value for every stakeholder and it also should offer access to capital markets when the merger is done well. What are some c

NewPoint Legal Team
Mar 16, 20232 min read


Common reasons mergers and acquisitions fail
Mergers and acquisitions (M&A) in California are complex transactions that can benefit companies, such as economies of scale, access to new markets and diversification of products and services. However, M&A transactions have a high failure rate despite the potential advantages. According to a study by Harvard Business Review, up to 90% of M&A deals fail to achieve their intended objectives. Culture clash One of the main reasons why mergers and acquisitions fail is the clash o

NewPoint Legal Team
Mar 5, 20232 min read


What is the difference between business mergers and acquisitions?
Whether you’re trying to start a business in California or keep one alive, both tasks are difficult for entrepreneurs. Keeping a business alive may be even more difficult, sometimes requiring the infusion of new capital into the company. Mergers and acquisitions are a prime way to keep struggling businesses alive. Explaining the difference between mergers and acquisition Knowing the difference between mergers and acquisition is essential when you’re trying to keep a business

NewPoint Legal Team
Jan 31, 20232 min read
Due diligence is essential when it comes to mergers and acquisitions
Many acquisitions are doomed to failure because the purchasers failed to do appropriate research into the target. Luckily, most business leaders in California have enough sense to thoroughly investigate companies before they decide to merge or purchase them outright. After all, unforeseen consequences are difficult to overcome if you wait until the deal is done to start asking the right questions. What does “due diligence” really mean? In professional terms, it simply means t

NewPoint Legal Team
Nov 3, 20222 min read
What’s a takeover mean in California?
Companies in California and throughout the country may agree to be acquired by other firms for various reasons. Occasionally, businesses are required to sell their assets in the future. However, there is also a chance that ownership changes hands without input or permission from the company’s leadership. Understanding takeovers As a general rule, any merger or acquisition can is a takeover as long as it is successful. A successful takeover means an outside entity becomes the

NewPoint Legal Team
Oct 5, 20221 min read
How to select an M&A advisor as a small business
All businesses will face the issue of mergers and acquisitions at some point because of the business life cycle. To remain in business, owners must find a way to innovate, revitalize or transition. To assist the transition, California moderates mergers and acquisitions to protect both entities from unlawful practices. You and the other business entity may have to sign an agreement of merger document. You may want to consult with a Merger and Acquisition (M&A) Advisor to navig

NewPoint Legal Team
Sep 12, 20222 min read
How to deal with intellectual property rights
Intellectual property may be one of the most valuable assets that a California company might own. Therefore, it’s important to verify exactly what you are getting when acquiring another business. If you are the one selling intellectual property, it’s important to know how to properly value it. If you’re acquiring intellectual property If you are acquiring a company’s intellectual property, it’s critical to do due diligence before the transaction closes. This will help you det

NewPoint Legal Team
Sep 7, 20222 min read
Should you consolidate brands?
When two California companies merge, it’s possible that they will continue to operate as separate entities. However, there are several potential benefits of opting to consolidate a recently acquired business whether you decide to fold it into an existing brand or repackage it as something new. Improve efficiency Consolidating operations may be ideal if you don’t want or need all the assets you acquired in a transaction. For instance, if your factory already produces enough un

NewPoint Legal Team
Aug 26, 20222 min read
Why is due diligence necessary in M&A transactions in California
Mergers and acquisitions (M&A) are a common occurrence in California’s business landscape. For these transactions to be successful, it is critical that the parties involved conduct due diligence. The complexity of the mergers and acquisitions landscape in California The business landscape is constantly changing in California, and so are mergers and acquisitions. Important information relating to administrative, legal, financial, and commercial aspects is not always readily av

NewPoint Legal Team
Jul 25, 20222 min read
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