Mergers and Acquisitions

Buying or selling a business is a team sport – with a twist – both teams (i.e., the buyer’s team and the seller’s team) are working toward the same goal, which is a successful transfer of the business. There are a variety of “players” within each team, including the business owners, the corporate leadership at each company, the brokers, the employees, the external financial and tax advisors, the lenders, and the real estate participants (owners, brokers, landlords, etc.). Our substantial experience in this field allows to work well with every member of the team (and with the other team), as we understand the unique interests, skills, and challenges that each player contributes. Our role is to help guide each of the various team members and ensure that they perform as needed. Equally important, we seek to protect your interests through careful and informed negotiating of the transactional documents and by constantly providing you with full and accurate evaluations of each decision point, communicating the risks and benefits of each option, allowing you to make informed decisions throughout the process – from due diligence through closing. As a central practice area for our firm, we work to stay current on the many legal documents and issues that confront the buyer or seller in today’s marketplace.

There are four crucial qualities that your attorneys must possess to close transactions efficiently, on fair and reasonable terms, and without needless expense:

Counsel

We focus upon putting you at ease, knowing that the legal aspects of the transaction are being professionally and competently handled – so that you can focus on the business deal points. We provide you with helpful counsel as to which legal issues are important, what terms are commercially reasonably, and which terms should be rejected. We make sure that you understand, well in advance, each document that will be signed as part of the transaction. We approach each transaction with the goal of ensuring that the legal terms are as favorable to your interests as possible, in light of industry standards. We verify that the documents accurately and fairly represent the deal terms. We confirm that the legal documents do not contain “traps for the unwary” that will cause problems in the future.

Experience

The field of mergers and acquisitions is not for the general practitioner. To be able to negotiate effectively, the M&A attorney must be experienced in the needs of buyers, sellers, and lenders, know the nuances of the transaction’s terms, and understand what compromises will work for all parties involved.

Collaborative Style

Our extensive experience has confirmed that particularly in this field, “you catch more flies with honey than vinegar.” From the outset of the transaction, we seek to partner with the other attorneys to work together cooperatively to close the deal. Collaboration, not combativeness, is the key to closing transactions efficiently and less expensively.

Attention to Detail

The typical M&A deal involves hundreds of pages of documents. A thorough and diligent review and revision is of paramount importance in ensuring that all issues and potential issues are identified and addressed early in the process.

M&A Litigation

Because mergers and acquisitions comprise a substantial portion of our practice, we have the requisite knowledge and experience to efficiently resolve litigation which may arise well after the close of an M&A transaction.