Solving The Value Equation

Middle Market M&A Transaction Deal Flow

In the first half of 2014, more middle market M&A deal transactions were completed than in either 2012 or 2013 (via M&A magazine).

Two sectors helping to grow the economy, healthcare and technology are seeing consolidation as the need for the application of technology to improve labor operations, and customer service operations extends to the front office and backoffice. Higher customer demand is forcing mergers and acquisitions for these organizations which have invested in technology and can handle the influx of patients or customers as necessary. We are living in a time where transformational business models which are outcome or value based lead and where the “Best Operator” is transforming into the market leader whom takes market share at the expense of regionals and legacy vendors.  Everyone is under cost pressures. The application of technology to create more efficient operations and the use of technology to drive additional revenues is separating solid from superior performers into market laggards and leaders.

Commercial Litigation Market Snapshot.

The rising costs of litigation for companies is attributed to tighter regulations and more regulatory investigations (Alix Partners).
For these reasons, 51% of executives said their companies increased their litigation budget in the past year. 
Additionally, 36% of the executives stated the number of commercial disputes their company has been involved in has risen. 
Discovery and procedural costs are also drivers of the growing litigation expenses. 

Companies are more vulnerable to certain types of lawsuits than others. In the past 12 months, the three most common areas for corporate litigation were labor/employment law, contract law, and personal injury.  Looking toward the future, industries are becoming more concerned with regulatory litigation; this particular type of litigation matter increased by 10% in the past year.

Businesses appear to be allocating an enormous amount of capital to legal departments to manage potential litigation disputes, some of which have serious financial affects on a company (Alix Partners). Companies are progressively more vulnerable to lawsuits with more than $20 million dollars at stake (Norton Rose Fulbright). Because of these occurrences, companies are evaluating alternative ways to finance their litigation related case cost expenses.

The commercial litigation industry is an enormous area of the legal field and growing:

• 51% of executives increased their litigation budget in the past year
• More companies than before are spending at least $1 million per year on litigation costs.
• Labor/Employment, Contracts, and Personal Injury are the most popular areas in the commercial litigation field.
• Companies continue to be vulnerable to large lawsuits, i.e., over $10 million.
• Large litigation costs are cutting into business’ revenue

Even though the industry has consistently seen the same number of lawsuits filed per year since 2010, the total cost of the lawsuits filed has consistently increased each of the past three years (Norton Rose Fulbright). These growing costs are troubling because they consume an increasing percentage of a company’s revenue (Litigation Cost Survey 2). From the years 2000 to 2008, the average litigation cost as a percentage of revenue increased 78% for companies providing information to this area of the Duke study.