Category Archives: Mergers & Acquisitions Practice Area

Startup Superhero Video Series! – This Week Featuring Marc Kenny on “Selling Your Business”

Stubbs Aderton & Markilstartup superhero series marc kennyes and the Preccelerator Program are proud to announce the launch of their Startup Superhero Video Series – featuring SA&M Attorneys, Preccelerator Mentors, and entrepreneurs on topics specific to entrepreneurship and lessons learned throughout the journey.

This week we’re featuring Stubbs Alderton & Markiles attorney Marc Kenny on “Selling Your Business.”

Marc Kenny is a partner at Stubbs Alderton & Markiles, LLP. Marc’s practice focuses on mergers and acquisitions, joint ventures, private securities offerings, cross-border transactions, and other strategic transactions representing private equity funds, independent sponsors, family offices as well as public and private corporations.

 

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Speaker: Marc Kenny

Moderator: Heidi Hubbeling

Heidi: Talk to me a little bit about your background, how you got to be in mergers and acquisitions and private equity. Also, how you came to be with the firm.

Marc: Sure, I have been practicing for a little over twenty years, specializing in mergers and acquisitions, representing private equity funds, financial sponsors, family offices, corporate strategic and a range of transactions, both here in LA, London and in Silicon Valley. I came to the firm recently after working at another large firm over the years.

Heidi: One of the things we are going to talk about today is with mergers and acquisitions on the seller side, we are going to talk about the ins and outs of that. What are some of the preliminary considerations that a business needs to think about when they go to sell their business.

Marc: I usually start when I meet with an owner who’s interested in selling. I usually start with a series of questions to understand a little more about how they are approaching the process. I ask them “why are you interested in selling?”  “Do you intend to stay with the business after the sale?” “Can the business operate efficiently without you? If not, why not?” “What gaps do you have in managing the team?” “Are there family members or members of the management team who want to continue in the business after the sale?” On the operational side I also ask them, the financial history of the firm over the past 3-5 years of what their growth prospects are going forward. If there is customer concentration, I ask them about that. If they are in a regulated space I ask them regulatory issues they have had over the past few years. Going forward, what kind of regulatory issues they see having in their horizon.

Heidi: It’s a complicated process, a lot of people don’t quite understand. It’s not like selling personal property or your home.  Can a business do this alone? Or do they need a team to back them up?

Marc: Yes, selling your company is a process that is complicated and intense – I often say it’s a marathon that feels like a sprint. The challenge for a business owner is to run an effective sales process and at the same time managing its business. Don’t jeopardize the business because you have been distracted on the sales process. A way for them to do that is two things: one is they have to assemble an internal team at the company – a small group that you can rely on and have confidence in to work with you on the sales process and at the same time.  The goal is for you to keep running your business. The better your business grows during this process the more leverage you have with the buyers. In order to do that, you have to hire outside business advisors. Particularly, outside advisors that have done lots of M&A  transactions. Second, you’d be well advised to hire external advisors who regularly work on M&A transactions. You need an investment banker, accounting firm, wealth management advisor.  For all involved in a sale, it’s important to seek the advice of a wealth management advisor, investment banker – not only will a great banker get you in front of the right prospective buyers (strategic or financial), they’ll also be able to create a story that corresponds with your historical financial performance with your potential for future growth.  And then law firms again, you may have used law firms for real estate, company contracts, but you need to have lawyers who are adept in M&A transactions.

Heidi: Internally what should these businesses do to prepare themselves. Both the owners as well as the team to prepare themselves for this kind of transaction.

Marc: The goal is to become “transaction ready” before engaging with the buyers. By “transaction ready” I mean you have looked both at the good, the bad, the ugly with your business. You should be very honest with yourself about the business, as financial, then as legal, etc. Really the reason for that is if you provide accurate information, to position correctly with your buyer, you will increase the confidence with your prospective buyers and increase the value of your company.  We recommend “sell side” due diligence to basically start as if you were the buyer and you start with your management team and the external counsel or advisors, you start going through the due diligence list. Make sure that all the intellectual property in the business you own, that material customers contracts are all in order and they are not due to be terminated soon, that all regulatory issues have been resolved, confirm you have proper documentation for all stock issuances and equity grants. Again, it is a very exhausting process and that is the reason why you need to have external advisors to help you through the process to help you focus on your business.

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To learn more about the Preccelerator Program, contact Heidi Hubbeling at hhubbeling@stubbsalderton.com.

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SAM Partner Greg Akselrud Featured in CREATV Media’s Digital Media Update

Stubbs Alderton & Markiles’ Partner Greg Akselrud contributed a chapter to Peter Csathy’s new book Media 2.0(18) on Investments and Mergers & Acquisitions. The chapter entitled “Tech & Digital Media Investment and M&A- Issues to Be Considered on Both Sides”  was featured on CREATV Media’s Digital Media Update.

To read the full article visit here. 

Greg AkselrudGreg Akselrud is a founder and partner of the Firm and a member of the Firm’s Executive Committee. He chair’s the Firm’s Internet, Digital Media and Entertainment Practice Group. Greg advises a wide range of public and private clients across a number of industries, including companies in the entertainment, digital media, Internet, technology, consumer electronics and apparel industries. Greg is an Adjunct Professor of Law at Loyola Law School, Los Angeles, teaching Business Planning I: Financing the Start-Up Business and Venture Capital Financing. Greg is the author of Hit Man: The Fourth Circuit’s Mistake in Rice v. Paladin Enters., Inc., 19 Loy. L.A. Ent. L.J. 375 (1999).

To learn more about our Mergers & Acquisitions Practice or  Internet, Digital Media & Entertainment Practice, contact Greg Akselrud at gakselrud@stubbsalderton.com

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SAM Attorney Caroline Cherkassky Featured Panelist at UCLA Law School’s “Law & Entrepreneurship” Conference

March 9th, 2018
9:00am-1:00pm

UCLA School of Law
385 Charles E. Young Drive East
Los Angeles, CA 90095-1476

Located in UCLA’s back yard, the Silicon Beach economy is exploding. This inaugural conference will explore the legal and policy issues faced by more than 500 tech startups, incubators and accelerators as well as companies like Snap. Attend the conference to understand the issues critical to this burgeoning hub of entrepreneurship in West LA and the beach cities of Santa Monica, Playa Vista and Venice.

The Silicon Beach Conference will address three important areas all with a focus on the businesses we see here:  governance, financing and acquisitions. Our governance panel will look at various structural approaches, including dual class stock structures.  The financing panel will explore the SEC’s pro-IPO initiatives as well as the emerging Initial Coin Offering debate. Finally, the panelists will look to the LA and Silicon Beach acquisitions market and how to support and grow M&A in Silicon Beach.

Opening Remarks
Joel Feuer, UCLA School of Law

Corporate Governance and Founder Control
Ken Bertsch, Council of Institutional Investors
David Berger, Wilson Sonsini Goodrich & Rosati
Caroline Cherkassky, Stubbs Alderton & Markiles
Chris Shoff, Latham & Watkins
Moderator: Stephen Bainbridge, UCLA School of Law

Financing of Start-Ups and Emerging Growth Companies
Lona Nallengara, Shearman & Sterling  
Nick Hobson, Cooley
Philippa Bond, Proskauer
Adam Ettinger, Sheppard, Mullin, Richter & Hampton
Moderator: James Park, UCLA School of Law

Silicon Beach Acquisitions: Legal and Business Issues
David Hernand, Paul Hastings
Brandon Quartararo, Intrepid Investment Bank
Andrew Erskine, Orrick
Moderator:  Iman Anabtawi, UCLA School of Law

We hope to see you there!

 

 

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Ascensus Acquires SAM Client Dedicated DB

Dedicated DBStubbs Alderton & Markiles’ represented Dedicated Benefit Services (“Dedicated DB”) in its sale to Ascensus, a technology-enabled service provider. With the acquisition, Ascensus will be able to offer clients access to even more retirement plan experience and expertise while adding another location to its geographic footprint.

To read the full press release, click here.

Stubbs Alderton & Markiles, LLP attorneys representing Dedicated DB in this transaction were Scott Galer and Nick Feldman.

About SAM
Stubbs Alderton & Markiles, LLP is a business law firm with robust mergers and acquisitions, corporate, public securities, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of middle market public and private companies as well as venture backed emerging growth companies, investors, venture capital funds, investment bankers and underwriters. Stubbs Alderton represents clients across a full spectrum of industries, including technology, consumer product, entertainment, digital media, videogame, aerospace, apparel and medical device. Our mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of our firm.

For more information on our Mergers & Acquisitions practice, contact Scott Galer at sgaler@stubbsalderton.com.

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Built In LA’s 50 Startups to Watch in 2018 Presented by SAM

Built in LAIn 2017, Southern California tech raised nearly $7 billion, launching startups across industries and attracting top talent and funding support from local investors. As Los Angeles and Orange Counties have become the established homes to some of the most innovative startups in the world, the expectations for 2018 are high.

Stubbs Alderton & Markiles is the title sponsor for 2018 for Built in LA’s annual “Top 50 Startups to Watch” list.  To check out the full list from Built in LA, visit here.

For more information on Stubbs Alderton & Markile’s practices that can assist your company along its evolutionary path – from startup, to growth to liquidity – contact Heidi Hubbeling at hhubbeling@stubbsalderton.com.

 

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Lineage Logistics Acquires SAM Client U.S. Growers Cold Storage

Stubbs Alderton & Markiles’ represented U.S. Growers Cold Storage, Inc. in connection with the sale of its cold storage business to Lineage Logistics, LLC.  U.S. Growers Cold Storage sold eight of its temperature-controlled warehouses in Southern California to Lineage Logistics. The acquisition will bring the U.S. Growers Cold Storage company into the Lineage Logistics portfolio, adding more than 12 million cubic feet of warehousing in the Los Angeles area.

To read the full press release, click here.

Stubbs Alderton & Markiles, LLP attorneys representing U.S. Growers Cold Storage in this transaction were Scott GalerAdam Bagley and Grace Kim.

About SAM
Stubbs Alderton & Markiles, LLP is a business law firm with robust mergers and acquisitions, corporate, public securities, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of middle market public and private companies as well as venture backed emerging growth companies, investors, venture capital funds, investment bankers and underwriters. Stubbs Alderton represents clients across a full spectrum of industries, including technology, consumer product, entertainment, digital media, videogame, aerospace, apparel and medical device. Our mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of our firm.

For more information on our Mergers & Acquisitions practice, contact Scott Galer at sgaler@stubbsalderton.com.

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Stubbs Alderton & Markiles Represents Client Platinum Equity in Sale of Keen Transport to Wallenius Wilhelemsen Logistics ASA

LOS ANGELES, Dec. 12, 2017 (NEWSWIRE) – Stubbs Alderton & Markiles, LLP announced today that it represented Platinum Equity in its sale of Keen Transport to Wallenius Wilhelmsen Logistics ASA (WWL).  Financial terms of the transaction were not disclosed. The deal was led by Partner Marc Kenny and associate Nick Feldman assisted in the transaction.

 Keen Transport is a national provider of heavy-haul logistics and transportation services for the construction, mining and agriculture equipment markets. WWL, based in Oslo, Norway, is a global logistics operator serving the manufacturing industry with special focus on vehicles, mining and construction equipment and machinery. Founded in 1995 by Tom Gores, Platinum Equity is a global investment firm with $13 billion of assets under management and a portfolio of approximately 30 operating companies that serve customers around the world. The firm is currently investing from Platinum Equity Capital Partners IV, a $6.5 billion global buyout fund.  

To view the full press release, click here

 ABOUT STUBBS ALDERTON & MARKILES, LLP

Stubbs Alderton & Markiles, LLP is a business law firm with robust corporate, public securities, mergers and acquisitions, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of, among others, venture backed emerging growth companies, middle market public companies, large technology companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters. Stubbs Alderton’s clients represent the full spectrum of Southern California business with a concentration in the technology, entertainment, videogame, apparel and medical device sectors. Our mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of our Firm.

 For more information about the Mergers & Acquisitions practice at Stubbs Alderton & Markiles, contact Marc Kenny at mkenny@stubbsalderton.com

 Press Contact:

Heidi Hubbeling
Director of Marketing
hhubbeling@stubbsalderton.com

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SAM Client ICPW Liquidation Corporation, f/k/a Ironclad Performance Wear Corporation, Acquired by Brighton Best International

Ironclad Stubbs Alderton & Markiles client ICPW Liquidation Corporation, f/k/a Ironclad Performance Wear Corporation (OTCBB: ICPW), a maker of high-performance and task-specific PPE gloves, has announced that it has been acquired through an Asset purchase by Brighton Best International, Inc.

To read the full press release visit here.

Stubbs Alderton & Markiles, LLP attorneys representing ICPW Liquidation Corporation in this transaction were Louis Wharton, Scott Alderton, Kelly Laffey and Grace Kim.

About Ironclad

Originally founded in 1998 in El Segundo – California, IRONCLAD is today headquartered in Farmers Branch, Texas and is the industry leader in high quality task-specific PPE gloves. IRONCLAD continues to leverage its leadership position in the safety, construction and industrial markets through the design, development and distribution of specialized task-specific gloves for industries such as oil & gas extraction; automotive; police, fire, first-responder and military and more. Ironclad engineers and manufactures its products with a focus on innovation, design, advanced material science, dexterity and durability. Ironclad’s gloves are available through industrial suppliers, hardware stores, home centers, lumber yards, automotive stores and sporting goods retailers nationwide; and through authorized distributors around the world. Built Tough for the Industrial Athlete™.  To learn more and see more, visit: www.ironclad.com

About Stubbs Alderton & Markiles, LLP

Stubbs Alderton & Markiles, LLP is a business law firm with robust corporate, public securities, mergers and acquisitions, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of, among others, venture backed emerging growth companies, middle market public companies, large technology companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters. Stubbs Alderton’s clients represent the full spectrum of Southern California business with a concentration in the technology, entertainment, videogame, apparel and medical device sectors. Our mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of our Firm.

For more information on our Mergers & Acquisitions and Public Securities practices, contact Louis Wharton at lwharton@stubbsalderton.com.

 

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SAM Joint Venture FlashFunders Acquired by Boustead & Co.

FlashFundersStubbs Alderton & Markiles’ joint venture FlashFunders announced this week that it has been acquired by Boustead & Company Limited, an investment banking firm that advises clients on IPOs, mergers and acquisitions, capital raises and restructuring assignments in a wide array of industries, geographies and transactions.

FlashFunders (member FINRA/SIPC) was started by Europlay Capital Advisors, law firm Stubbs Alderton & Markiles, and co-founders Vincent Bradley and Brian Park, and was formed to help startups raise capital efficiently while also opening up access to startup investing for accredited investors.

“FlashFunders’ platform is built with the technology and regulatory infrastructure to facilitate any type of distributed securities offering. Combined with the Boustead team’s expertise, the FlashFunders platform takes traditional capital raising practices and leverages powerful software to market and sell securities on the web to investors literally across the globe,” said FlashFunders’ President and Co-Founder Brian Park.

To read the full press release visit here. 

About FlashFunders
FlashFunders is an online platform that enables companies to publicly raise capital from everyone, including accredited investors, non-accredited investors, and international investors. They has built the technology and regulatory infrastructure to facilitate any type of distributed securities offering including Reg A+, Reg D, and Reg CF. As a FINRA registered Broker-Dealer, Clearing Firm, Funding Portal and Transfer Agent, FlashFunders and its subsidiaries provide an end-to-end resource for companies raising capital. www.flashfunders.com 

About Stubbs Alderton & Markiles, LLP
Stubbs Alderton & Markiles, LLP is a Southern California based business law firm with robust corporate, public securities, mergers and acquisitions, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of, among others, venture backed emerging growth companies, middle market public companies, large technology companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters. The firm’s clients represent a broad range of industries with a concentration in the technology, entertainment, video games, apparel and medical device sectors. The firm’s mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of the firm. For more information, visit https://stubbsalderton.com.

 

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Stubbs Alderton & Markiles, LLP Expands Leading Mergers & Acquisitions Practice With the Addition of New Partner Marc Kenny

​​​​​Stubbs Alderton & Markiles, LLP, Southern California’s leading business law firm, has announced that Marc Kenny has joined the firm as a partner in its Mergers & Acquisitions practice group.

“We are very fortunate to have a lawyer of Marc’s caliber joining us. The breadth of experience that Marc brings to us in private equity and M&A transactions garnered from his years of experience working here in Los Angeles, in Silicon Valley and in London, strengthen our already diverse and robust capabilities in the Firm’s M&A Practice group. His experience in digital media, technology and entertainment are a natural fit in the Stubbs Alderton platform, and with someone like Marc joining our existing team, we couldn’t be more excited about our future,” said Scott Alderton, Managing Partner of Stubbs Alderton & Markiles, LLP.

Mr. Kenny advises clients in a broad range of domestic and cross-border private equity, M&A, venture capital, and corporate finance transactions with a particular emphasis on the digital media, communications, technology, entertainment, health care, and energy industries. Prior to joining Stubbs Alderton & Markiles, Mr. Kenny was a partner in Nixon Peabody’s Los Angeles office.

Marc Kenny stated, “The Firm has built a remarkably talented and entrepreneurial bench in Southern California over the past 15 years with an industry focus and innovative mission that perfectly aligns with my ongoing commitment to clients – to effectively and efficiently provide thoughtful, pragmatic, and expert advice to clients participating in a variety of middle market transactions. I’m thrilled to join the Stubbs Alderton team and look forward to being part of the Firm’s bright future.”

To read Marc Kenny’s full bio, click here.

About the Stubbs Alderton & Markiles M&A Practice

The Firm’s Mergers & Acquisition Group advises clients in connection with a full range of mergers, acquisitions, dispositions, joint ventures and other strategic transactions, both public and private, domestic and international. The Firm’s clients include a wide variety of middle market companies, as well as entrepreneurs, family-owned businesses, financial advisors, special committees, strategic buyers, investment groups and private equity firms. The Firm has handled transactions ranging in size from a few hundred thousand dollars to over a billion dollars.

The Firm has executed transactions across a wide range of industries including digital communication and media, Internet, software, SaaS and other technology-based companies, as well as traditional aerospace, apparel, financial, life sciences, direct marketing, entertainment, transportation, consumer product and luxury brand companies, among many others.

For more information about the Mergers & Acquisitions practice at Stubbs Alderton, click here.

About Stubbs Alderton & Markiles, LLP

Stubbs Alderton & Markiles, LLP is a business law firm with robust corporate, public securities, mergers and acquisitions, intellectual property and business litigation practice groups focusing on the representation of venture-backed emerging growth companies, middle market public companies, large technology and internet companies, entertainment, video games and digital media companies, investors, venture capital funds, investment bankers and underwriters. The Firm’s clients represent the full spectrum of Southern California business with a concentration in the technology, entertainment, video games, apparel, consumer and medical device sectors. The Firm’s mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of the Firm. For more information, please visit www.stubbsalderton.com.

Contact:

Heidi Hubbeling
Stubbs Alderton & Markiles, LLP
(310) 746-9803
hhubbeling@stubbsalderton.com

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