This cross-disciplinary forum gathered corporate development leaders, in-house M&A counsel, board members, and private equity investors to discuss current challenges impacting complex transactions.

This event took place on Friday September 17, 2021



M&A Strategy Frameworks
The opening session looked at strategy constructs, including "buy v. build v. invest" for innovation-driven acquisitions. Consideration was given to the current market conditions and how dealmakers are moving at an accelerated pace to secure high-value targets. This interactive discussion also looked at digitizing the M&A process, from pipeline management through integration.

Miles Delaney, Senior Vice President, Corporate Development & Strategy, Lionsgate Entertainment Corp
Desiree Castillejos, Chief Strategy Officer, VP Corporate Development and M&A, Kimball Electronics
Elik Fooks, Senior Vice President, Corporate Development, Rockwell Automation
Don Dawson, Managing Director - North American M&A Practice Lead, Accenture Strategy 

Elik Fooks M&A Institute    



M&A information management
This conversation with Nick Perdikis from Devensoft looked at the link between high-quality decision making and data visibility in diligence and post-close.



Strategic v. Private Equity
This discussion focused on negotiation tactics and transaction structures, including forms of consideration and valuation formulations, allocation of risk, and closing conditions. The participants offered perspective on the techniques that are commonly employed by strategic acquirers and private equity firms to compete for acquisitions.

Devin Schaffer, Vice President, Corporate/M&A (Legal), Cardinal Health
Jonas Marson, Vice President - M&A Legal and Associate General Counsel, Salesforce
Omar Pringle, M&A and Private Equity Partner, Morrison & Foerster

 



Technology Diligence and Security Reviews
This conversation with Phil Odence from the Black Duck Audit team at Synopsys looked at improvements in software integrity diligence in the M&A process. 

DOWNLOAD: Synopsys - Software Due Diligence: A buyer's checklist and guidelines



Adding flexibility and simplicity to deal structuring
This session considered the increasing use of creative deal terms that can adjust, if needed, before closing. The discussion also considered the pressure to move quickly with simplified agreements that efficiently allocate risk and bridge gaps between buyers and sellers. The participants considered specific points in M&A agreements and offer practical guidance for drafting and negotiations.

Peter Anderson, Senior M&A Counsel, IBM
James J. Wallace, Associate General Counsel, M&A and Cybersecurity, Training and Services at Raytheon Technologies
Casarine Chong, Senior Vice President, Associate General Counsel, Transactions, Bristol-Myers Squibb
Paul Humphreys, Corporate and M&A Partner, Freshfields 



Using contract data to diligence M&A targets
This conversation with Nik Reed from Knowable explored the increasing use of contract data analysis to understand deal considerations and post-close opportunities.



Improving deal performance with refined talent strategies 
This session considered tactics that may be employed to retain an acquired team, including the structure of financial incentives and retention agreements that align with the deal's value drivers and critical performance objectives.  The discussion explored the increasing use of advanced analytics and a range of talent approaches for remote teams.

Tiffany Wu, Google Cloud M&A HR Due Diligence & Integration Planning, Google
Cara Bibbiani, Senior Director, Corporate Development, M&A Integration, Hewlett Packard Enterprise
Ben Passafuime, Vice President, Alpine Investors
Chuck Moritt, Partner, Mercer



Navigating regulatory hurdles from the new administration
The antitrust and regulatory impact on timing to close was considered in this session, which looked at specific deal terms, coordinating issues, and methods for balancing U.S. securities laws with changing and conflicting requirements in other jurisdictions. 

Dina Kallay, Head of Competition (IPR, Americas & Asia-Pacific), Ericsson
Rob Friedman, Senior Counsel, Antitrust, ExxonMobil Corporation
Brian Mangino, M&A Partner, Fried Frank
Barry Nigro, Jr., Partner & Chair, Global Antitrust and Competition Department, Fried Frank (former Principal Deputy Assistant Attorney General in the US Department of Justice's Antitrust Division) 

  



How to run a confidential M&A process
Corporate development and in-house counsel face a range of challenges when deal negotiations or target data is disclosed to the media, investors, customers, or employees. This session looked at techniques for navigating intentional, or unintentional, leaks.

Inchan Hwang, Director & Assistant General Counsel, Mergers & Acquisitions and Corporate Strategy, 3M
Philip Whitchelo, Honorary Visiting Fellow in Finance at Cass Business School, London, and Head of Strategy & Corporate Development, Ordnance Survey
Patrick Tucker, Managing Director, Head of M&A and Activism, Abernathy MacGregor