A streamlined response to a corporate merger or acquisition can benefit all parties. However, in the course of conducting due diligence for the transaction, legal issues in mergers and acquisitions can arise. How the acquiring and target companies respond to those issues can set the stage for a smooth transaction, or a stressful one. These five tips can help your organization streamline its response when issues come to light:
- Expect that there will be issues. Be realistic when starting the due diligence process and expect that it will uncover potential issues or areas you need to learn more about before you can comfortably close the transaction.
- Evaluate the potential impact of any issues. Before responding to one or more issues uncovered during the due diligence process, evaluate the extent to which the issues could impact the business. Certain issues may pose greater threats than others; identify up-front those issues that could be deal-breakers.
- Conduct thorough due diligence. Your response to potential legal issues can only be as good as the underlying information. Conducting thorough due diligence can ensure you have the most up-to-date and relevant information about potential legal issues.
- Evaluate the issues uncovered by due diligence. Some common issues that can be identified during due diligence are: ongoing or pending litigation, potential government investigations, compliance issues, state or federal tax issues, and antitrust concerns.
- Analyze the risks and determine whether or not to proceed. The reason for conducting M&A due diligence is to identify potential financial and legal issues in mergers and acquisitions. If legal red flags are identified, organizations need to understand their own risk tolerance and comfort levels.
Baer Reed handles due diligence and a variety of other legal support services for corporations and law firms handling mergers and acquisitions. To learn more about our services, contact us today.
Mr. Reyes graduated with honors from the Ateneo de Manila University, where he received the Procter and Gamble Student Excellence Award. He obtained his Juris Doctor degree from the Ateneo de Manila School of Law. During law school, Mr. Reyes was part of the Philippine delegation to the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Austria. He was also a member of the Ateneo Society of International Law and the St. Thomas More Debate Society. He completed his internship at the Public Attorney’s Office. He wrote a thesis entitled: “To Kill A White Elephant: An Analysis of the Fiduciary Exception to the Corporate Attorney-Client Privilege”. Mr. Reyes is admitted to practice law in the Philippines and the State of New York.
Ms. Lardizabal-Manzano is a graduate of San Sebastian College-Recoletos, where she earned her B.A. in Political Science. In 2003, she received her law degree from Lyceum of the Philippines and was admitted to practice law in 2004.
Matthew Hersh earned a B.A. in Political Science from Columbia University in 1990 and graduated cum laude from Georgetown University Law Center in 1999. He also holds a master’s degree in international relations from the Georgetown University School of Foreign Service.
Cap. Avi Levak (Res. IDF) graduated from from Israel’s prestigious Ben-Gurion University of the Negev with a Bachelor of Science in Computer Science and Mathematics. He is also a Leadership and Communication coach trained in TuT coaching by Alon gal in Israel. Avi specializes in high-level, in-depth analysis of business and client needs, within systems and software strategy and architecture.
Ms. Tyler graduated cum laude from Georgetown University and received her law degree, cum laude, from Georgetown University Law Center. During law school, she interned at the United Nations Economic Commission for Europe. She also worked on The Tax Lawyer journal and was a member of the award-winning Barristers’ Council Mock Trial Team. Ms. Tyler is admitted to practice law in the State of California and the District of Columbia.
Ms. Cruz-Anonuevo graduated cum laude and top nine in her batch from Miriam College with a degree of Bachelor of Arts in InternationalStudies. She obtained her Juris Doctor degree from Ateneo de Manila University School of Law in Rockwell. During law school, she interned in Rivera, Santos, Maranan & Associates. She was also part of Ateneo’s Labor Law Bar Operations. She wrote her thesis on, “Stealing Privacy: Limitations on Media’s Photographic Invasion.,” Ms. Cruz-Anonuevo is admitted to practice law in the Philippines.
Ms. Aquino-Batallones obtained a Bachelor of Arts degree in Development Studies (with Minors in Global Politics and Hispanic Studies) from the Ateneo de Manila University. In 2011, she received her Juris Doctor degree from Ateneo de Manila University School of Law. During law school, she interned at Romulo Mabanta Buenaventura Sayoc & de los Angeles then became an intern of Ateneo Legal Services Center’s Clinical Legal Education Program.
Mr. De Guzman graduated from San Beda College with a degree of Bachelor of Arts Major in Economics and received his law degree from San Beda College of Law. He is multilingual and is fluent in three languages: Chinese, Filipino, and English. He was admitted to the Philippine Bar in 2003.