Category Archives: Mergers & Acquisitions Practice Area

SAM Client Malauzai Acquired by Finastra

malauzaiStubbs Alderton & Markiles client Malauzai,  a provider of mobile and Internet banking solutions for community financial institutions, has been acquired by Finastra, a fintech company that builds and deploys next generation technology on an open software architecture the company developed and a cloud system.

To read the full press release visit here.

Stubbs Alderton attorney John McIlvery  has represented Malauzai since its inception through acquisition, demonstrating how SA&M creates and builds relationships with its clients throughout their evolutionary path.  Other attorneys participating in the transaction included Caroline Cherkassky and Kelly Laffey.

About Malauzai Software
Malauzai was incorporated in 2010 in response to the growing demand for a technology company that could provide innovative mobile solutions for community financial organizations. As a cool company in a cool town with a focus primarily on community financial institutions, Malauzai provides consumer and business digital banking that enhance the customer experience for mobile and Internet banking, ultimately resulting in increased value for financial institutions.

For more information about the Mergers & Acquisitions practice, contact John McIlvery at jmcilvery@stubbsalderton.com, Caroline Cherkassky at ccherkassky@stubbsalderton.com or Kelly Laffey at klaffey@stubbsalderton.com.

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SAM Client Alpine Pacific Capital Invests in Arable Capital Partners’ Acquisition of Farmington Fresh Cuts

alpine pacific capitalStubbs Alderton & Markiles’ client Alpine Pacific Capital was a minority investor in Arable Capital Partners’ acquisition of Farmington Fresh Cuts, a processor of fresh sliced apples, oranges, pears and other packaged fruits. Farmington will merge with Fresh Innovations, which is also backed by Arable.

To read the full press release visit here.

Stubbs Alderton attorney representing Alpine Pacific Capital is Marc Kenny.

About Alpine Pacific Capital 
Alpine Pacific Capital is a private equity firm focused on acquiring closely-held, profitable businesses located primarily in the Western Region of the U.S. The firm understands the unique needs of smaller private companies and possesses the necessary infrastructure, experience and vision to help build enduring value.

For more information about our Mergers and Acquisitions Practice , contact Marc Kenny at mkenny@stubbsalderton.com

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SAM Client INTAC Actuarial Services to be Acquired by Ascensus

Stubbs Alderton & Markiles’ client INTAC Actuarial Services, which provides administration of employer-sponsored retirement plans for about 3,000 small and mid-sized companies, their owners, key executives and employees, has announced that it will be acquired by Ascensus, a technology-enabled solutions provider that helps more than 8 million Americans save for the future.

To read the full press release visit here.

Stubbs Alderton attorneys representing INTAC Actuarial Services in this deal are Scott Galer & Nick Feldman. 

For more information about the Mergers & Acquisitions practice, contact Scott Galer at sgaler@stubbsalderton.com or Nick Feldman at nfeldman@stubbsalderton.com.

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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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