Working with an M&A Lawyer

From pre-transaction planning, to managing the acquisition and assisting with final restructuring and finishing touches, a good mergers and acquisition attorney will assist you with every step of the process.

Pre-Transaction Planning

Months before a merger or acquisition can take place, both buyers and sellers need to plan out the entire consolidation process. This begins far in advance of any offer, and serves as the groundwork for future negotiations.

Developing a Strategy

The first step of any merger, whether you are acquiring another company or selling your own, is to develop a coherent strategy that can be understood by all members of your team. This strategy should lay out the final goal of the M&A, including a description of how you envision the end operating model, and how the company will finance the transaction. This gives members of your M&A team a blueprint for moving forward and creates a timeline and budget to adhere to.

Due Diligence

Before making any offers or contacting potential buyers, it is critical to conduct due diligence. This means polishing your accounting practices and organizing all prior financial statements in ways that can be easily parsed during audits. In fact, it’s a good idea to also conduct an internal audit.

Due diligence includes organizing all charter and establishment documents, credit reports, and letters of incorporation, as well as ensuring that any liens, lawsuits, and other legal matters are fully documented and current.

This is a time-consuming, tedious process, but due diligence is critical to ensuring a transparent M&A. Our skilled mergers and acquisitions attorneys are well-versed in due diligence procedures and can assist you during this often-stressful process.

Merger Management

After a solid strategy is prepared, and due diligence has been completed, the actual merger can begin. This can be a nail-biting experience for business owners but rest assured that our legal team will work tirelessly to protect your interests while facilitating the smoothest possible process.

Negotiation

Once a fair value has been established for the business being purchased, negotiations can take place. Our M&A attorneys are expert negotiators, and we work diligently and strategically to achieve the best deal for all parties. We draw from the collective knowledge of our entire legal team to ensure that decisions are made with your best interests, and bottom line, in mind.

Closing the Deal

When negotiations have completed and all parties are comfortable with the final offer, the next step in the process is to close on the deal. Several filings and releases will be required, depending on the structures of the corporations involved. Pre-clearance filings must be submitted prior to the final closing date, and announcements must be made for public companies. Franchise taxes and other regulatory fees may also need to be satisfied before a merger can be completed.

Post-Merger Business

The work does not stop once a successful merger is completed. Our M&A attorneys will guide the expanded corporation through restructuring, updating policies, smoothing of employee transitions, and other post-merger compliance requirements. Our dedicated legal team can also assist in other tasks, such as revising annual filings, amending corporate governance documents, correcting registered agent and address information, and more. Our goal is to safeguard the merger, leaving our clients with an established, secure business.