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Matt McKinney

How to Mitigate Common Commercial Risks to Prepare for a Major Transaction Image

How to Mitigate Common Commercial Risks to Prepare for a Major Transaction

Are you preparing for financing or M&A due diligence now or planning to in the future? If a third party started due diligence on your company today, would you be putting your best foot forward? When you prepare for a major transaction, financing, or exit, an investor or an acquirer…

KO Helps Tilting Point Expand into Kids Entertainment with Acquisition of Budge Studios Image

KO Helps Tilting Point Expand into Kids Entertainment with Acquisition of Budge Studios

Budge Studio’s app portfolio includes titles featuring leading brands like Barbie, Paw Patrol, Transformers, Hot Wheels and more Tilting Point, a leading free-to-play games publisher and KO client, has acquired Budge Studios. The KO team, led by partner Jon Taylor, represented Tilting Point in the acquisition. Budge Studios is one…

Deal Makers or Deal Breakers? How Commercial Contracts Can Impact M&A Image

Deal Makers or Deal Breakers? How Commercial Contracts Can Impact M&A

In a startup’s early years, securing customer deals and negotiating key vendor and partner agreements are big priorities. Done right, these deals give startups both the foundation and the momentum they need to grow and meet key growth milestones. But there are risks, both actual and perceived, in these commercial…

ADA Accessibility Requirements: How to Know if Your Website is in Compliance Image

ADA Accessibility Requirements: How to Know if Your Website is in Compliance

Media coverage by major outlets like Fortune and The Wall Street Journal highlight a recent spike in lawsuits filed against companies for operating websites or hosted services that allegedly fail to comply with the accessibility requirements of the Americans with Disabilities Act (ADA). Defendants in these cases include Beyonce’s entertainment…

Longstanding KO Client Brandfolder Acquired by Smartsheet Image

Longstanding KO Client Brandfolder Acquired by Smartsheet

KO client Brandfolder, a leader in digital asset management, was recently acquired by Smartsheet, the leading collaborative work management platform, for $155 million. The acquisition will combine Brandfolder’s and Smartsheet’s capabilities to create a dynamic solution that enables enterprise-wide content workflows, allowing organizations to work more efficiently and effectively. Since…

Overlooked Legal Considerations for Business Websites Part 1: How the DMCA and Good Housekeeping Can Reduce Risk Image

Overlooked Legal Considerations for Business Websites Part 1: How the DMCA and Good Housekeeping Can Reduce Risk

If you have a business website, there are several key legal considerations that should be part of your website planning and maintenance program, but they often get overlooked during the design and development process. Reviewing your website to ensure it meets these requirements, and ensuring you have some basic business…

Contract Negotiation 101: The Importance of Limitations of Liability Image

Contract Negotiation 101: The Importance of Limitations of Liability

Every business tries to protect their financial health, mitigate risk and insulate themselves from liability and damages. But you might be overlooking one of the most useful and important contractual provisions every time you enter a new contract: the limitation of liability clause. A carefully negotiated limitation of liability clause…

KO Client Kapost Acquired by Upland Software Image

KO Client Kapost Acquired by Upland Software

Kapost, a leading content operations platform provider for sales and marketing, recently announced its sale to Upland Software, a publicly traded leader in cloud-based enterprise work management software. KO represented Kapost in the acquisition, and partner Kevin Gibson led the deal team that included Matt McKinney, Ryan Sykora, Kelsey Green and Krystal Rushton. Kapost was purchased for…