Mergers and Acquisitions
Strategic Legal Advice to Match Evolving Business Strategy
Whether better performance, lower costs, diversification, greater market penetration or elimination of the competition is the goal, mergers and acquisitions reshape companies big and small. Our legal advice is based on the practical realities and industry pressures that brought our clients to the negotiating table in the first place and those that they will face going forward in the marketplace. We tailor our advice and solutions to our clients’ business, industry and specific challenges.
Structuring Solutions: A Range of Transactions
From complex M&A transactions with layers of intricate negotiation to smaller matters with a narrow universe of legal issues, the attorneys in our Mergers and Acquisition Practice provide tailored advice and representation based on the due diligence we conduct for each situation. Chief among our experience is representing public and private companies engaged in M&A transactions that require extensive advice on regulatory compliance, including securities law, and the preparation of regulatory filings for agencies, including the Securities and Exchange Commission, Financial Industry Regulation Authority, the Federal Trade Commission and the Department of Justice, as well as stock exchanges. We also represent partnerships, limited liability companies and limited partners in acquisitions and sales of assets, partnership interests, and membership interests. Our well-rounded experience in handling a myriad of corporate and securities law issues stems as well from our representation of both acquirers and targets in friendly and hostile takeovers. Governance, organization, succession, and business and equity transfer are just some of the matters we address in these circumstances. We also handle asset and stock dispositions, tender offers, and reorganizations for both buyers and sellers as well as deals for nonprofit organizations and trade associations.
In addition, our attorneys handle divestitures, joint ventures and strategic alliances. We structure these agreements with special attention to the business, tax and accounting consequences they may pose, creatively integrating these considerations to provide a cohesive solution. At the same time, we are adept at working to protect intellectual property, particularly in licensing agreements that are often at the heart of a strategic relationship.
A Broad Scope of Services for Diverse Industries
When negotiating, documenting and closing transactions, our Mergers and Acquisitions team draws on a deep bench of attorneys across multiple practices to work through particular legal issues as they arise. They include attorneys with experience in:
- Real Estate
- Labor and Employment
- Antitrust, including Hart-Scott-Rodino notices
- Intellectual Property
- Employee Benefits
- Representations and Warranties Insurance (handling them for M&A deals and also vetting these policies for insurers)
We handle mergers and acquisitions for clients across a variety of industries, including:
- Health Care
- Life Sciences
- Credit and financial services
- Banking and investment banking
- Government contractors, including aerospace and defense
- Public relations
Our Mergers and Acquisitions attorneys work with clients to meet two important objectives: first, to help achieve their specific goals; and second, to complete the transaction in a timely and efficient manner.
Services Related to Mergers and Acquisitions
Parties to an M&A deal with the government must determine whether to structure it as an asset purchase, stock purchase or a merger.
Rights of the government to intellectual property turn on the type of technology involved, or whether the IP was developed in connection with the contract and how it was funded.
These government programs involve the purchase of goods and services from small businesses.
Contractors are required to “mark” rights pertaining to intellectual property, and maintain records justifying such markings.
The group includes attorneys who have received the following recognition: