News & Analysis as of

Due Diligence Acquisition Agreements

Adler Pollock & Sheehan P.C.

Pre-Acquisition Tactics: Tackling Related Party Transactions

Suppose you are an avid fan of the English Premier League (the “EPL”) like I am. In that case, you have likely heard or read about the ensuing arbitration between Manchester City Football Club and the EPL over the EPL’s...more

Seyfarth Shaw LLP

Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions

Seyfarth Shaw LLP on

1. A Nightmare Acquisition - Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a...more

The Wagner Law Group

Merger and Acquisition Considerations for Employee Benefit Plans

The Wagner Law Group on

In the context of mergers and acquisitions, an acquisition target’s qualified retirement plans, health plans, executive compensation arrangements, and benefit programs (referred to collectively as “benefit programs”) can all...more

Seyfarth Shaw LLP

Important RWI Considerations under the Corporate Transparency Act

Seyfarth Shaw LLP on

The Corporate Transparency Act of 2020 took effect on January 1, 2024, adding new filing requirements for many companies that may find themselves involved in mergers and acquisitions. Given the breadth of standard...more

Robinson+Cole Data Privacy + Security Insider

State Consumer Privacy Laws in M&A Deals: What to Know

Data privacy and cybersecurity risks are critical components of M&A transactions due to the potential exposure for legal liability for non-compliance, as well as the financial and reputational harm and the material impact...more

Troutman Pepper

So… Can I Sell in 2023?

Troutman Pepper on

You've put in your time, raised capital appropriately, surrounded yourself with a top-notch team, built a great product, and demonstrated the right metrics — so, is now a good time to ride into the sunset? Well, in 2023,...more

Seyfarth Shaw LLP

M&A Checklist — How to Prepare Your IP for the Legal Due Diligence Process

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The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. But any company preparing to sell within...more

Epstein Becker & Green

How Sellers Should Prepare for Transactional Diligence

Epstein Becker & Green on

Due diligence is a standard phase of any corporate transaction, whether structured as an asset or stock sale or joint venture, and sellers are often surprised, and even overwhelmed, by the comprehensiveness of the diligence...more

Goodwin

Notable Differences Between US and UK M&A Deal Terms

Goodwin on

Despite a recent slowdown in global M&A activity, the private M&A market in both the US and the UK remains intensely competitive due to an abundance of available capital. As a consequence, and in order to present potential...more

Morgan Lewis - Tech & Sourcing

OSS Representations and Warranties in M&A and Financings

The use of open-source software (OSS) is ubiquitous. Depending on what license governs the type of OSS a company uses and how it uses the OSS, OSS use impacts the valuation of the intellectual property (IP) used by a company...more

Pullman & Comley, LLC

Due Diligence in Home Health M&A Transactions

Pullman & Comley, LLC on

In the first article in our series discussing home health M&A transactions, we discussed the various structures that may be used to combine home health agencies (HHAs) with each other or with other entities. Whichever...more

Goodwin

Survival Guide to Structuring Life Sciences Partnering and M+A Agreements

Goodwin on

The life sciences space is ever-growing and dynamic as the industry witnesses more companies and, therefore, more collaboration, licensing and M&A agreements, come into the spotlight. While these deals are exciting...more

Womble Bond Dickinson

M&A Trends in the Opportunity Economy

Womble Bond Dickinson on

The M&A market is at a record pace in 2021. Womble Bond Dickinson attorneys D. Scott Anderson and Dean Rutley discussed the ongoing M&A boom and the factors they see impacting corporate transactions in the near future....more

Ankura

Privacy Considerations in Debt Refinancing and Equity Seed Funding – Are you prepared?

Ankura on

In an era of increased M&A transactions, organizations must understand the risks and potential liabilities associated with the personal information they obtain on their customers, vendors, and employees....more

Chambliss, Bahner & Stophel, P.C.

Mergers and Acquisitions - Key Issues in Today's M&A Deals

From regional to international $5-$100+ MM deals, our M&A team has extensive experience working with buyers, sellers, and investors on a wide variety of transactions in various industries including manufacturing, health care,...more

Sheppard Mullin Richter & Hampton LLP

Planning for an M&A Transaction: Key commercial terms to look-out for

When participating in an M&A process involving a video game company, whether you are on the sell-side or the buy-side, there are certain key terms that are included in industry standard commercial agreements that the parties...more

Ward and Smith, P.A.

The Impact of COVID-19 on M&A Transactions

Ward and Smith, P.A. on

As the impact of COVID-19 on financial markets continues to play out, so does its effect on M&A transactions. Many deals have been cancelled or are on hold as parties struggle with valuation, availability of financing, and...more

King & Spalding

COVID-19’s Impact on Acquisition Agreements and M&A Deal Processes

King & Spalding on

When approaching a potential new M&A transaction in the face of the volatility and unpredictability created by COVID-19, dealmakers should consider a range of topics in order to determine how to best protect their interests...more

Baker Donelson

Rethinking What Is Possible in Mergers and Acquisitions

Baker Donelson on

A Time of Change - We are in a period of immense change in the legal world as we experience: (i) a flood of new technologies (artificial intelligence, blockchain, smart documents, predictive analytics), (ii) the ability to...more

Thomas Fox - Compliance Evangelist

2020 Update Review: Part 3 – M&A and Third Parties

Late Monday, the Department of Justice (DOJ), without fanfare, released an update to its 2019 Evaluation of Corporate Compliance Programs, the 2019 Guidance. For simplicity this new document will be called the 2020 Update. ...more

Seyfarth Shaw LLP

An M&A Guidebook for a Post-Pandemic World

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COVID-19 has created unparalleled uncertainty for nearly all businesses since companies are unable to predict when and how businesses and consumers will resume buying their goods and services. This unpredictability has made...more

Polsinelli

The Strategic Role of Systematic Health Care M+A in Remaking the Future of Health Care

Polsinelli on

This white paper analyzes the interplay of those middle market health care business mergers and acquisitions with the four-part, patient-care-centric conceptual framework of ownership, organization, payment and delivery that...more

Morgan Lewis

Sports Investment Amid COVID-19: Playing Smart in Turbulent Times

Morgan Lewis on

Investors pursing global investment opportunities across the sports industry should be aware of the key considerations likely to apply to the M&A process amid the coronavirus (COVID-19) pandemic....more

Robinson & Cole LLP

How Will COVID-19 Impact M&A?

Robinson & Cole LLP on

It is readily apparent that the COVID-19 pandemic has had an impact on transactional activity—at least in the short term—for both buyers and sellers across a range of industries. Whether parties are still moving forward with...more

Mayer Brown Free Writings + Perspectives

Novel Coronavirus (COVID-19): Considerations in M&A Due Diligence

Virtual Due Diligence Capabilities - As a general matter, the parties in an M&A transaction need to consider whether the target company has established sufficient protocols to enable due diligence to be conducted entirely...more

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