White Paper

Successful Growth Through Acquisitions

 
Many midmarket companies have long recognized the need to grow their businesses by acquisition to supplement internal organic growth. Particularly, in the present challenging low growth economy, acquisition may be the only means to significantly increase market share. It may also be the only viable avenue to acquire certain technology, vertically integrate company products and supply chains, procure attractive talent and brand recognition or expand geographically. For owners of companies looking to sell their business in a few years, an acquisition or two of other companies can add the “sizzle,” revenue and profitability growth necessary to effect a future successful liquidity event. In valuing businesses, size does matter, and a business that has successfully managed several acquisitions will often command premiums in the M&A marketplace both on account of increased earnings and the demonstrated talent of its management in successful acquisitions.

In a significant portion of acquisitions, however, buyers fail to achieve their original financial, strategic and business objectives – in many cases, spectacularly. Business study after business study have concluded that at least half, if not more, of business acquisitions failed to generate the desired results in either shareholder value or financial goals. As U.S. economist and writer, Irwin Stelzer, said, “when it comes to mergers, hope triumphs over experience.”

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James J. Scheinkman is a partner in the Orange County office of Snell & Wilmer L.L.P. and leads the firm’s Business & Finance Group in California. His practice regularly involves counseling companies involved in M&A transactions and representing companies and shareholders in shareholder disputes. He can be reached at [email protected] or 714.427.7037.

Faculty

James Scheinkman

James Scheinkman

Snell & Wilmer L.L.P.

Agenda

Faculty

James Scheinkman

James Scheinkman

Snell & Wilmer L.L.P.

  • Partner in the Orange County office of Snell & Wilmer L.L.P.
  • Practice group leader of the firm’s Corporate and Securities Group focusing on assisting mid-market companies and their owners in mergers and acquisitions, financings, joint ventures, corporate governance and shareholder dispute resolution, securities offerings, technology development and transfers, executive compensation and other corporate and commercial matters
  • Serves as general outside counsel for a variety of mid-market businesses
  • Written several recent publications including “The Seaworthy Seller: Preparing for the M&A Voyage”, author, Orange County Business Journal (November 6, 2017), “Business Transition Checklist: Key Legal (and some business) considerations for a smooth and profitable business transition”, Presenter, Business Transition Symposium, Newport Beach, CA (May 17, 2017) "What a Drag (-Along) – Dealing with minority owners in M&A deals", co-author, Orange County Business Journal (November 9, 2015), "Successful Growth Through Acquisitions", author, Orange County Business Journal (September 30, 2013), "Goodwill Hunting: Enforcing Non-Competes in California M&A Transactions," co-author, Orange County Business Journal (September 24, 2012), "Buyer Beware: Creditor claims in asset purchases," author, Orange County Business Journal (September 19, 2011), "Separate and Unequal Treatment in M&A Deals? Director Duties to Different Classes of Shareholders," co-author, Orange County Business Journal (August 23, 2010)
  • Recognized as a leader in his field by leading industry publications, including The Best Lawyers in America®, Corporate Governance and Compliance Law (2007 to 2018) and Southern California Super Lawyers®, Mergers and Acquisitions (2006 to 2010, 2014 to 2016)
  • J.D. degree, New York University School of Law; B.A. degree, with distinction, State University of New York, Binghamton
  • Can be contacted at 714-427-7037 or [email protected]

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