M&A – Transactions
Similar to IP, Mergers and Acquisitions (M&A) counsel is typically offered at large corporate firms. Also similar to IP, “spending what it takes to get it exactly right” is at least worth serious consideration.
M&A by definition means you’re about to give up some or all control of your business (hopefully for a handsome return), and so your ability to persuade, negotiate, or otherwise impact your business after the ink is dry will be limited to what is contained in the contract. Get this right! Because of the obvious value riding on these agreements, this legal specialty attracts some of the best, brightest, and… most assertive legal minds. The other side will have their team. Choose yours wisely!
While a “team for hire” may be engaged once you’re ready to sell or merge your business, there are many considerations which can’t be made last minute. Having discussions with M&A attorneys well in advance (a year or even more) of an attempted M&A event may highlight steps you can take today to ensure the strongest value creation, negotiation position, and tax treatment when you’re ready to exit.
Botched contracts and contract negotiations have the potential to destroy enormous value and lead to litigation. Excellent counsel can not only avoid these pitfalls, but will also see ways to increase value – ideally for all parties at the table, but at least for their client (you).
How to prepare for M&A – selecting, engaging, and managing M&A counsel.