American Bar Association Inside Practice
May 2007: Volume 6, Issue 5

The Intangible Asset Economy

Too often there is no clear strategy for evaluating a company’s intangible assets—this is true in many situations, even in so-called pre-packaged bankruptcy reorganizations. For most non-intellectual property specialists, bulk sale of the assets is the easiest course of action, and these non-specialists typically ignore the intangibles until all other assets have been dealt with. Strategies to maximize value from the intangible assets are rarely identified; and if they are, it is usually far too late in the process. Therefore, implementing what would have been the best alternative is often difficult because the process of sale, reorganization, liquidation, etc., already has been decided upon; and the intangible asset strategy is left until the very end of the game. Wherever possible, we need to work to change this. A handful of key guidelines are important to keep in mind.

Valuation Extraction Guidelines

  1. Timing can be everything. Intangibles are wasting assets and can quickly decline in value.
  2. In many cases, the alternative strategies to maximize value are not necessarily mutually exclusive; often two or more alternative strategies can be pursued at the same time.
  3. Legal issues concerning intangible assets are far more complex than those associated with tangible assets groups, they are, however, just as important.
  4. Early in the game, one must ask the question as to whether the “juice is worth the squeeze”—i.e., does it appear that the time, effort, and resources required are justified, given the relative value of the intangible assets involved.
  5. As a consequence, early identification and evaluation of the intangible assets is absolutely imperative.

More information about the book The Intangible Assets Handbook

Excerpted from The Intangible Assets Handbook
By Weston Anson

ABA Section of Business Law

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