M&A Deal Process: Defining the Role of the Investment Banker, Avoiding Valuation Issues and Costly Delays
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine the costs and benefits of a target engaging an investment banker, including avoiding valuation surprises or disputes, optimizing price and structure, professional management of the sale process, limiting disruptions to the business and its management team, and minimizing closing delays. The panel discussion will include the factors that go into deciding to engage an investment bank, choosing an investment bank and defining the role of the investment bank, as well as determining its fees. In addition, the panel will discuss organizing the teams of professionals to ensure the best outcome, including how the target and its counsel work with the investment bank.
- Steps in the M&A process
- Acquisition strategy: What is the purpose of the deal?
- Performing valuation analysis on the target
- Due diligence
- Bidding process
- Negotiating the contract
- Structuring the deal
- Respective roles of the investment banker and counsel in A-F above
- The fairness opinion
- Avoiding flaws in the process that can lead to disputes, undervaluation, or delays in closing
The panel will review these and other notable issues:
- How might the type of purchaser--strategic vs. financial--affect the process and structure of an M&A deal?
- What factors should be considered before engaging an investment bank?
- How can the bidding process affect the ultimate pricing and timeline of an acquisition?
- What is the role of the investment bank in determining the value of a company? How does it serve as a check on management?
Wachtell Lipton Rosen & Katz
Mr. Goldfeld is a corporate partner at Wachtell, Lipton, Rosen & Katz, focusing on domestic and cross-border... | Read More
Mr. Goldfeld is a corporate partner at Wachtell, Lipton, Rosen & Katz, focusing on domestic and cross-border mergers and acquisitions, divestitures, spin-offs, joint ventures, private equity transactions and other complex corporate and securities law matters. He has represented a broad range of clients in a variety of industries.Close
Founder and Managing Partner
Mr. Goldman has led numerous public corporations, family owned businesses and private companies in successfully... | Read More
Mr. Goldman has led numerous public corporations, family owned businesses and private companies in successfully completing key strategic initiatives, including mergers, acquisitions, sales, equity and debt capitalizations and restructurings totaling over $45 billion.Close
Stephen A. Opler
Barnes & Thornburg
Mr. Opler concentrates his practice on the distinctive characteristics of liquidity transactions by and with... | Read More
Mr. Opler concentrates his practice on the distinctive characteristics of liquidity transactions by and with entrepreneurs. He helps private equity funds, strategic acquirers and entrepreneurial buyers and sellers achieve their goals by leveraging his three decades as an M&A lawyer, entrepreneur, business founder, investment banker, in-house lawyer and CPA. Mr. Opler counsels public and private companies and private equity and debt firms in mergers and acquisitions. He represents clients in the broadcast television, manufacturing, consumer products, retail, business services and financial services industries, among others.Close