Lexpert Special Editions

Lexpert Special Edition on Finance + M&A

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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www.lexpert.ca 7 in March 2023, further increasing what was already a lag in M&A. Despite that turbulence, LeBlanc- Lapointe says certain tech subcategories – artificial intelligence, clean tech, crit- ical minerals, and renewables – attracted interest from investors and acquirers in 2023, a trend likely to continue into 2024. Government interest in the tech sector will also help, including a new federal clean tech investment tax credit and a tech talent strateg y to address the scarcity of highly skilled workers. She says such initiatives will help "nurture attractive M&A targets." She adds there will also be more talent- driven M&A – or "acquihires" – allowing a buyer to gain another company's employees to fill talent gaps. LeBlanc-Lapointe concludes that 2024 "could be an exciting year in Canadian tech M&A," especially in the small-to-mid-cap space, where players have spent the last few years on the sidelines. Market conditions will favour tech buyers with solid balance sheets and "strategic" buyers from other sectors looking to leverage technolog y in their operations or offerings. While prospective sellers in the tech sector have been waiting for the high valua- tions of a couple of years ago to return, they may now be willing to accept lower, "more realistic" valuations because they may no longer have the cash flow with limited access to venture capital. Artificial intelligence will figure signifi- cantly in tech M&A activity, says LeBlanc- Lapointe, but not only among companies with AI capabilities as buyers and sellers. "In a general sense, buyers in various sectors are starting to leverage AI in their internal processes to source targets, evaluate them, and then conduct due diligence." Aaron Atkinson, a partner in the Toronto office at Davies Ward Phillips and Vineberg LLP, observes that the results for M&A in 2023 were "probably better than what people thought at the beginning of the year." e same is likely to happen again in 2024. However, uncertainty remains. While central banks, including the Bank of Canada, have indicated that rate cuts should be coming

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