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One Red Case Study: Pursuing an M&A while protecting IP

By Trevor Stafford on June 29, 2009 - Comments (View)

Here’s a sticky situation:

A self-funded startup is head-to-head for several significant deals against a very large and very rich competitor. They are simultaneously in acquisition talks with that same organization.

The big company wants to see the startup’s code as part of the acquisition process, and they want to see it right now.

What’s the best way to handle this situation? Does waiting for a decision about the in-progress deal hurt the selling price or strengthen it? What if the startup loses? Is there a right time and a wrong time to share your IP?

What would YOU do?

Other useful details:

  • The startup is not starved for cash
  • They fill a niche in a sizzling sector
  • Only the founders have equity in the company
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