M&A Negotiation Trends Involving Public Targets:

Program Description

Since their inaugural 2006 release by the Committee on Negotiated Acquisitions, the Deal Points Studies have gained wide recognition as the gold standard for market metrics of key negotiated legal issues in M&A agreements. 

The Studies have also gained popularity among investment bankers, private equity investors, CFOs and other non-lawyer deal professionals. Featuring insights from the recently released 2007 version of these Studies, this program is a must-attend for all deal lawyers interested in market trends and developments in negotiating definitive acquisition agreements involving publicly traded target companies.

Issues to be discussed:

• Catch-all representations and warranties
• Closing conditions, including the “MAC out”
• Go-shops and no-shops
• Fiduciary outs, break-up fees, and related provisions
• Dispute resolution provisions
  

The Studies Comprising this program’s materials will be made available online to all registrants.

Program Faculty

Program Moderator
Keith A. Flaum, Partner, Cooley Godward Kronish LLP, Palo Alto, CA

Program Faculty
Luke J. Bergstrom, Partner, Latham & Watkins, LLP, Menlo Park, CA

Jay E. Bothwick, Partner, WilmerHale, Boston, MA

Bryan K. Brown, Partner, Porter & Hedges LLP, Houston, TX

Diane Holt Frankle, Partner, DLA Piper US LLP, East Palo Alto, CA

James R. Griffin, Partner, Fulbright & Jaworski LLP, Dallas, TX

CLE Credit*

1.5 hours of CLE credit in 60-minute states/1.8 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE credits.

The following states accept ABA teleconferences for mandatory CLE credit:
AL, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY.

*States currently not accrediting ABA Teleconferences: DE, IN, PA, KS, OH