There are myriad factors that can lead to headaches in the mergers and acquisitions process, such as protracted post-acquisition disputes between a buyer and seller that become costly and time-consuming. Many of these factors may be able to be addressed before closing even occurs by using explicit language in the agreement, incorporating example statements to confirm parties’ understanding of the intended form and content of closing calculation mechanics, or even gathering accounting policies and analyses as evidence of “historical practice” before questions arise post-close—all while trying to simultaneously balance getting a deal “across the finish line” and being mindful of mitigating post-acquisition risks.
This new program provides transaction professionals with an overview of the most common drivers of M&A disputes and subsequent poor outcomes through a “lessons-learned” format. The faculty discuss deal pitfalls observed throughout the process and share insight on how to hopefully avoid these disputes altogether—or at least allow for the greatest chance of success in a dispute resolution process if one occurs.