Art of acquisition: adaptation; in the past 20 years, M & A lawyers have modified negotiation strategies to do their deals in a constantly evolving environment
Article Abstract:
The past two decades through 1996 have been a critical area in mergers and acquisition history and attorneys specializing in this area of the law have had to face many changes. As competition picked up by the late 1970s, clients started to demand new ways of doing deals. Multistep techniques for public takeovers evolved. The poison-pill defense to hostile takeovers came in the mid1980s. The key word of the 1980s was change and there were no bright lines for appropriate behavior. The tight financial climate of the early 1990s emphasized the impact of leverage dynamics on deals. The year 1996 was highly competitive, with high prices and a great deal of manuvering.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Focus shifts to private acquisition
Article Abstract:
The focus of corporate acquisition activity has moved from the large public corporation in the 1980s to privately held small to midsize corporations in the 1990s, and with that shift comes a change in the composition of the concerned parties and their interests. While investor-shareholders are primarily concerned with maximizing their return, manager-shareholders may have numerous non-economic concerns tied to their personal and career goals. Occasionally this divergence of interest is great enough to require separate counsel for managers and investors.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Evaluating technology as an asset: element in sale
Article Abstract:
The acquisition of a company with technology assets requires careful documentation of what is to be acquired, understanding the rights asserted by the technology owner, careful due diligence, and obtaining the requisite warranties, representations and indemnifications from the seller. In understanding rights the buyer must determine whether the seller owns or licenses the technology assets and the rights of any third parties who have developed technology for the seller.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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