About the Course
Introduction
This CLE webinar will discuss how to identify and mitigate intellectual property (IP) deal complications before they sideline a transaction. Our panel of experts will guide you through important considerations, due diligence strategies, drafting tools, and post-closing measures you need to ensure a successful transaction.
Description
IP is often among the most valuable and misunderstood assets in an M&A. Hidden IP risks can decrease value, delay closing, or create post-closing disputes for virtually any deal type, from tech to retail to service acquisitions. This CLE course provides a practical roadmap for identifying, diligence-testing, valuing, and structuring solutions to common IP issues in M&A transactions. Designed for corporate, private equity, and deal counsel, this course will deliver actionable strategies to help practitioners allocate risk, preserve value, and avoid common drafting pitfalls.
The faculty will examine recurring IP challenges in asset and stock deals, including ownership gaps, complications from comingled IP ownership, open-source exposure, treatment of employee/contractor/consultant rights and agreements, data and privacy risks, trademark portfolio weaknesses, and IP-related reps and warranties. The course will focus on negotiation strategies, indemnification frameworks, R&W insurance considerations, and post-closing integration issues.
Listen as our experienced panel discusses common and not-so-common IP-related challenges and practical deal solutions. Attendees will walk away with sharper due diligence techniques, more protective transaction documents, and new ways to utilize IP specialists throughout a deal's lifecycle.
Presented By
Mr. Augustyn represents clients in high stakes intellectual property litigation, licenses, agreements, mergers & acquisitions, client counseling, and prosecution. Leveraging his prior experience in management and as an engineer at Fortune 100 companies, he understands that IP and business issues require creative and cost-effective legal solutions. Mr. Augustyn has been an international speaker at over 60 programs to thousands of corporate and outside counsel. Also, he has been an instructor and advisor for over 15 years total at Loyola Law School and Northwestern Law School. Mr. Augustyn has been selected for several honors including Best Lawyers, Super Lawyers, Top 50 Lawyers in America, IAM Patent 1000, and Fellow to Litigation Counsel of America.
Mr. Berkman focuses his practice on corporate and securities law. He represents entrepreneurs, domestic and international companies, closely-held businesses, family offices, investors, and not-for-profit organizations in connection with M&A, business succession, corporate structuring, domestic and cross-border transactions, IP/licensing, secured financing, joint ventures, fund structuring, private placement and capital financing, commercial transactions, emerging technology issues, and a wide variety of other business law matters. Mr. Berkman has practiced for over 35 years, working with founders, entrepreneurs, investors, companies, funds, and partnerships in myriad industries, including venture capital, private equity, technology, AI, healthcare, food services, retail, fashion, management consulting, manufacturing, engineering, goods and services providers, professional services, entertainment, and emerging technology. He was previously General Counsel of an international venture capital firm with operations in the U.S., Europe, and Asia and has served as a Director of public and private companies. Mr. Berkman is an Adjunct Professor at Hofstra Law School and serves on the Advisory Board of the Center of Excellence in Wireless and Information Technology at Stony Brook University. He is a frequent lecturer for continuing legal education and a panelist at a variety of conferences.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, April 22, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. IP evaluation and structuring the deal: identifying core IP assets, valuation impacts, structure considerations
II. IP due diligence and risk identification: ownership gaps, invention assignments, licensing restrictions, open-source exposure, data/privacy risks, pending as well as settled disputes
III. Structuring transaction solutions: consent and assignment issues, retained or shared IP, transition licenses, risk allocation
IV. Reps, warranties, and indemnification frameworks: ownership and non-infringement reps, disclosure qualifiers, special indemnities, escrows, R&W insurance interplay
V. Software, open-source, and technology risks: proprietary code contamination, SaaS/cloud issues, compliance remediation strategies
VI. Emerging exposure areas: personal data ownership, cybersecurity diligence, regulatory compliance, AI data risks
VII. Post-closing integration and ongoing risk management: recording assignments, portfolio updates, brand integration, enforcement strategies post-closing
The panel will review these and other important issues:
- Sharpened due diligence strategies to expose material IP risks early
- Stronger covenants, indemnities, and escrow approaches tailored to minimize IP exposure
- Ways to overcome licensing and change-of-control risks before closing
- Strategies to mitigate open source and data risks that may impact valuation and post-closing exposures
Related Courses
IP in M&A: Identifying Risk, Preserving Value, Papering the Deal, and Avoiding Disputes
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