Doing “Good” deals: How ESG is influencing M&A

By Ms. Sonalee Parekh & Ms. Margot Miller & Mr. Pat Tucker

This timely session looked at the current sentiment around environmental, social, and governance practices in M&A. The discussion looked at ways to consider ESG in the diligence process, methods for mitigating ESG risks, and the merit of using M&A to advance ESG objectives.

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Carveout transactions: Acquiring a carveout

By Mr. Oscar Ledezma & Mr. Jarrett Price & Mr. Oliver Vivell & Mr. David W. Smalstig

This session looked at the strategic and operational considerations associated with acquiring a carveout including transition services agreements and the sufficiency of asset and financial statements representations. In addition, the merits of long-term shared services, supply chains, and other operational entanglements were considered. 

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Ask the M&A Leadership Council

By Mr. Ken Bond & Mr. Sanjay Kacholiya & Eileen Kamerick & Ms. Margot Miller & Mr. Gil Ohana & Mr. Brett Shawn & Mr. Michael T. Wolf

This interactive session provided an opportunity for conference participants to ask members of the prestigious M&A Leadership Council questions on a range of deal-related topics.

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Negotiating risk allocation: Transactional insurance for technology and IP-related reps

By Mr. Mike Guo & Mr. David Breach & Ms. Julia Papastavridis

This session looked at the increasing use of transaction insurance to address representations related to digital assets and other elements of IP-heavy acquisitions. The participants discussed knowledge qualifiers and anti-sandbagging constructs, distinguished between standard risks borne by acquirors and issues that should be addressed in the purchase agreement, considered IP sufficiency for in-process development, and looked at the way cyber breach and data privacy reps are now being addressed in transactions.

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