By James Williams, Stephanie Evans, and Alyce Chen
Your CEO just announced that the company wants to acquire a business with global operations. As in-house counsel, you will
play a key role in this transaction by ensuring the deal runs smoothly.
It’s a tremendous growth opportunity for you. In addition to the exposure it will provide for your senior team, you will gain
critical legal experience, develop an intimate knowledge of your company’s operations, and build relationships with your
company’s key stakeholders — all of which will make you more valuable to your company. In this piece, we will describe some
critical steps to make your global transaction a success.
■ ■ First and foremost. The first
step in a global acquisition is
to assemble a strong cross-disciplinary team staffed with
players from key departments
beyond legal. Meet with
the team once or twice a
week to stay on task.
■ ■ Search and inspect. It’s essential
to perform comprehensive
commercial, financial, and
legal due diligence to uncover
risks and ensure a proper deal
valuation. Flag issues that
can lead to action items, or
issues to change post closing.
■ ■ Evaluating antitrust. Every cross-border merger or acquisition
can be scrutinized for potential
antitrust violations. Failure to
follow mandated procedures in all
relevant jurisdictions may result
in significant fines or a demand
to alter and undo the deal.
■ ■ Post closing. Even after closing,
your team will have to work
to wrap up the loose ends.
Consider hiring extra staff
to help assemble necessary
filings and handle follow-up
requests from government
or regulatory agencies.