Marita Makinen reviews the board’s duties in deciding whether to sell or hold, and the legal standards by which the board’s conduct will be judged.
Michael Marra and Joshua Gelfand write: Although integration planning was underway prior to closing and a transition management team is already in place, crucial work remains. Where is a buyer to begin, and what post-closing employment and benefits issues should be prioritized?
Brandon Van Dyke, Clifford Aronson, Frederic Depoortere and Kyle Hatton write: Deal practitioners can expect to be increasingly confronted with the prospect of negotiating significant and often complex divestitures in order to obtain antitrust and competition approval for M&A transactions.
Mike Cunning and Douglas B. Bloom write: Given the number and significance of publicly disclosed cybersecurity events, acquisitive companies simply cannot ignore the risk that a target’s cybersecurity exposure presents to the value of a deal.
John Weber writes: As we look to the future, the only certainty is that if a law firm doesn’t make the move to the best and most advanced technologies, others in the industry will, giving those advanced firms a competitive advantage and allowing them to close their deals first.
Jonathan Kim, Neil Steiner and Mark Thierfelder write: Delaware and New York apply different legal standards with respect to several important issues in the M&A context that deserve attention in deciding which law to choose.