Deal Management in M&A: Due Diligence and Planning Tools to Add Efficiency and Reduce Closing Costs

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Wednesday, May 11, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will examine how attorneys are successfully using the discipline of legal project management (LPM) to drive efficiency in the M&A process to deliver the value that clients are seeking and deserve. From scoping out key tasks and resources at deal inception, to developing and reporting against a realistic budget, to conducting an "after action assessment" post-closing to benefit from lessons learned, this experienced panel of dealmakers will show how to integrate checklists and other planning and communication tools in your deal process enabling you to better coordinate and execute on your M&A deals.
Faculty

Mr. Kalogerou helps clients execute on their growth strategies by guiding them through complex domestic and cross-border mergers and acquisitions and joint ventures and alliances. He also assists early stage life science companies in their capital raising efforts. Mr. Kalogerou has extensive industry background in the life science, industrial and manufacturing sectors. He also acts as outside general counsel to a number of companies. Mr. Kalogerou is a legal project management pioneer and Co-Chair of the ABA Committee on Mergers and Acquisitions’ Task Force on Legal Project Management. He is co-editor of the ABA Guidebook “Using Legal Project Management in Merger & Acquisition and Joint Venture Transactions”, now in its third edition. Mr. Kalogerou also created the first-of-its-kind web-based collaborative deal management portal, which the firm adopted and embraced as part of Client Central.

Armed with more than 25 years of legal deal experience across a broad range of industries and having chaired one of the largest M&A membership associations in the world, Mr. White has a keen sense of what is "market" and what is achievable. He has represented emerging and mature companies, family businesses, private equity firms, venture capital firms, and sources of debt financing. His practice focuses on M&As and other transactions. Mr. White founded and co-chairs the ABA Task Force on Legal Project Management in M&A Transactions. The work of the Task Force resulted in the ABA's publication of a guidebook titled Using Legal Project Management In Merger and Acquisition Transactions, for which he served as co-editor. Mr. White was also a contributing author and a member of the Editorial Committee for the second edition of the ABA's Model Stock Purchase Agreement with Commentary, one of the ABA's most widely read and used business law publications. He is also a past Chairman of the Global Board of Directors of the Association for Corporate Growth, an M&A trade association with more than 14,000 deal community members in more than 50 chapters around the world.

Description
All deal lawyers are project managers, albeit some are "accidental" while others have embraced LPM to streamline the deal process and provide greater predictability in terms of time and budget. The importance of integrating LPM has increased in the age of COVID with teams working in hybrid and remote workspaces. With lawyers and constituents working in a distributed environment often across multiple time zones, enhanced planning and communication tools are a necessity. Good LPM practices have become essential to executing and closing deals efficiently and cost-effectively. Moreover, clients are demanding that firms implement these practices.
LPM is, at its essence, a planning and communications approach and discipline that you, the deal lawyer, can seamlessly integrate the way you do deals. Whether using checklists, protocols, timelines, or other similar tools, LPM can be applied to a variety of M&A deals.
The panel will also discuss how the "after action assessment" process can be used internally with the law firm deal team and with the client to build on lessons learned that can be used in the next deal and to build a more enduring relationship.
Listen as our authoritative panel discusses LPM techniques that deal counsel can apply to add transparency, accountability, predictability, and efficiency to M&A transactions.
Outline
- Increased use of LPM in today's M&A deal environment
- Uses of LPM
- Due diligence
- Managing an auction process
- 363 sales
- Determining escrows, purchase price adjustments
- Deal cycle capture tool: tracking issues to be addressed in reps and warranties, indemnities
- Post-closing action items and deadlines
- Other uses
- Application of LPM in post-closing integration
Benefits
The panel will review these and other issues:
- What types of planning tools can be used in the early stages of a deal to avoid bottlenecks and challenges as the deal proceeds?
- How to build a realistic and accurate deal budget by phase and task
- How to identify deal positions to reduce draft churn
- How to memorialize and communicate matters that are critical for post-closing integration
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