Transformational M&A

By Mr. Pat Tucker & Ms. Renee Scherrer & Mr. Branko Svec & Mr. Jim Buckley

This wide-ranging discussion at the M&A Strategy Forum focused on the strategic rationale for acquisitions where a deal’s value driver is to find new avenues for growth in mature markets or deal with accelerating change. The 'transforming-while-transacting' paradigm was explored as the participants consider the merits and risks associated with reinventing the business or rethinking the operating model through M&A.

Read more

Navigating regulatory hurdles from the new administration

By Matthew V. Soran & Barry Nigro & Ms. Melissa Scanlan & Mr. Robert Sieland & Ms. Stacey Doynow

The regulatory impact on timing to close was considered in this session at the M&A Strategy Forum, which looked at specific deal terms, coordinating issues, and methods for balancing U.S. securities laws with changing and conflicting requirements in other jurisdictions. The participants discussed trade and tariff risks, competition reviews, and other geopolitical challenges and considered methods for addressing these variables through various negotiated protections.

Read more

Retaining the right talent and improving performance post-close

By Ms. Kristin Murphy & Mr. Abdou Gueye & Ms. Lindsay Seefeldt

This session at the M&A Strategy Forum considered strategies that may be employed to retain an acquired team, including the structure of financial incentives and retention agreements for key executives that align with critical cultural and performance objectives. The discussion also looked at various frameworks to effectively hedge human capital risks and consider methods for repeatable post-merger performance improvement.

Read more

Adding flexibility to deal structures

By Mr. Joseph Halloum & Mr. Hans Grong & Mr. Andrew Gratz & Mr. Zach Gennett

This discussion at the M&A Strategy Forum examined current negotiation points and deal terms that may be employed to allocate risk and bridge gaps between buyers and sellers. The participants considered key negotiation points including interim operating covenants and closing mechanisms. In addition, this session offered perspective on the strength of various remedies including termination rights before closing and allocations of successor liabilities.

Read more

Innovation-driven acquisitions

By Mr. Don Dawson & Mr. Sanjay Kacholiya & Mr. Tim McBride

The opening keynote at the M&A Strategy Forum looked at acquisitions where the target value is largely in future growth, new technology, intangible assets, and human capital. The discussion considered IP and cultural diligence, negotiations when valuation is uncertain, and post-close capacity to realize deal value.

Read more