Ebix likes to make deals, Healthaxis rejection notwithstanding

Posted on November 11, 2008 12:36 by Andy Peters

Never mind the recession, Ebix Inc. wants to make deals. That’s been good news for Ebix’s corporate lawyers at Carlton Fields.Ebix

On Monday, the Atlanta company announced it had reached an agreement to acquire ConfirmNet Corp. of San Diego for $7.4 million in cash, plus future cash considerations, according to a regulatory filing. ConfirmNet is involved in the certificate of insurance creation and tracking industry.

ConfirmNet is Ebix’s sixth acquisition, or offer to acquire a company, in the past 12 months. Atlanta-based Ebix makes software for the insurance industry.

Not all of Ebix’s deals have gone swimmingly, however.

Ebix has been engaged in a bidding war with a California company to acquire health-insurance software maker Healthaxis Inc. of Irving, Texas. Ebix made its first bid for Healthaxis in September, offering $6.8 million in cash and stock. That offer was accompanied by a “guaranteed downside price cover,” in which Healthaxis shareholders could sell the stock back to Ebix “for the price at which they received it” for a period of a Chip Harrellyear, according to a regulatory filing. Healthaxis rejected the offer, preferring to stick with its existing agreement to sell itself to BPO Management Services Inc. of Anaheim Hills, Calif.

Ebix has since made two additional, higher offers, the last coming on Oct. 27. Healthaxis rejected both of those too. Locke Lord Bissell & Liddell partner John McKnight in Dallas has been advising Healthaxis.

Other Ebix deals in the past year include its merger in Nov. 2007 with Jenquest Inc.; its acquisition of Telstra eBusiness Services of Australia in January; its purchase of Periculum Services Group in April; and its August acquisition of Acclamation Systems Inc.

Carlton Fields partner Rick Denmon in Tampa and associate Charles M. “Chip” Harrell Jr. [photo, left] in Atlanta were the primary corporate advisers to Ebix on the offer for Healthaxis, said Wayne Shortridge, managing partner of the law firm’s Atlanta office. Although he’s an associate, Harrell has developed Ebix as a Carlton Fields client, Shortridge said. Carlton Fields also advised Ebix on some of the prior transactions, including the Acclamation Systems and Jenquest deals.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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