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
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
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
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
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
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
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
The first session of HPE Miami 2023 put a spotlight on key considerations for founders as they navigate the pre-transaction process...more
Especially in an election year, due diligence in corporate mergers and acquisitions is incomplete without reviewing political law compliance. Due diligence often overlooks political law compliance issues, which can result...more
You’re a business owner heading into a meeting to pitch a potential client or customer for what would be a huge contract for your company. You’ve spent days or weeks preparing to put your best foot forward, answer questions,...more
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
Q. What are some of the insurance industry trends you are seeing in relation to Private Equity Transactions? I would say the market, overall, is now embracing secondary transactions in a much more significant and...more
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
In recent years, the Asia-Pacific region has been the central hub of M&A activities. Even in 2020, when investment activities are hit by the new crown epidemic, the Asia-Pacific region is still relatively independent. Despite...more
The growing importance of data to mergers and acquisition (M&A) transactions highlights the need to have effective due diligence, transaction structuring, and execution that addresses the growing demands of data protection...more
Market Trends: What You Need to Know - One of the most pronounced practice-related trends in private company merger and acquisition transactions is the near-disappearance of target legal opinions as a closing deliverable. ...more
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
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
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
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
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
One of the hardest areas of M&A due diligence is the target company’s technology. The buyer has to understand the current “technology stack” of the target, which can include a wide range of technologies including hardware,...more
The fast pace of modern business leaves little time to be careful about fine print legal terms, but glossing over purchase and sales order terms and conditions can lead to severe consequences for your business. Whether your...more
Before a major financing transaction or the sale of a company, the investor or buyer will want to see most of the company’s legal and financial documents. This is called “due diligence.” If I asked you to share with me all of...more
In the latest edition of The Fine Print we highlight our Melbourne attorneys in addition to articles covering intellectual property due diligence, protecting your personal information in light of the Starwood/Marriott data...more