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

Mr. Garcia created and leads the implementation of the firm’s practice innovation initiatives and the SmartPaTH Plus™ legal services delivery model as a core competency of the firm. He guides practice groups in new product and service initiatives, identifies emerging market opportunities, and steers the creation of pioneering technologies. Mr. Garcia develops legal project management and related processes, procedures, and tools, and he works with clients to foster more efficient legal service delivery. He championed the development of proprietary software tools to budget engagements, monitor spend, and provide graphic reports demonstrating performance. Mr. Garcia conceptualized and oversees the firm’s recurring industry-leading survey on in-house counsel perceptions and needs for increasing predictability, efficiency, and transparency in legal services delivery, and he implements insights gained. He drives the firm’s initiatives to adopt and integrate all types of artificial intelligence tools into the firm’s service delivery. Mr. Garcia is a founding faculty member of the Association of Corporate Counsel’s Legal Service Management Workshop series, which focused on value-based fee structures and the management skills and tools needed to support them. For over a decade, he served as inside counsel at Gannett Co. Inc., and advised on antitrust, advertising, distribution, and other matters and managed the commercial litigation docket. He later served as Vice President/Compliance Oversight at MCI during its emergence from bankruptcy. 

Ms. Harvey practices in the firm's Corporate Transactions & Securities group. She primarily works with private equity-owned portfolio companies, closely held businesses and strategic acquirers in a wide range of transactions, including acquisitions, divestitures and other complex commercial arrangements. Her transactional experience spans numerous industries, including technology, real estate, healthcare, manufacturing and professional services. Ms. Harvey regularly handles matters with cross-border components and has developed particular experience in global beneficial ownership reporting requirements and the international anti-money laundering compliance obligations faced by businesses with multinational operations. She also counsels clients on the formation and structuring of joint ventures and strategic partnerships. Additionally, Ms. Harvey’s practice includes advising on general corporate matters such as entity formation, corporate governance and commercial contracts.

Mr. Java practices in the firm’s Corporate Transactions & Securities group, advising public and private companies on mergers and acquisitions, private equity, joint ventures, securities offerings, corporate governance, commercial contract negotiation, commercial finance, and day-to-day business operations. His experience includes leading M&A transactions and representing clients throughout the full deal life cycle, including due diligence, drafting and negotiating transaction documents, coordinating closings, and handling post-closing matters. Mr. Java also provides guidance in connection with offerings of equity, including preferred and common stock, and equity-linked securities such as SAFEs, convertible debt, and warrants, as well as select new venture matters.

Mr. Whaley’s practice focuses on assisting private and public companies and nonprofit organizations with all areas of employee benefits. This includes working with employers in design, implementation and compliance areas in connection with tax qualified plans, including 401(k) plans, ESOPs and defined benefit plans. His representation also extends to working with employers in arranging their nonqualified deferred compensation (e.g., 409A compliance), in addition to health and welfare arrangements and employee fringe benefits. Mr. Whaley also has the unique experience of assisting larger employers (both public and private) in establishing benefit programs for newly established entities resulting from corporate reorganizations. In addition, he represents plan sponsors before the Department of Labor, Internal Revenue Service and the Pension Benefit Guaranty Corporation in connection with audits of employee benefit plans. Mr. Whaley also helps employers comply with the mandates of the Affordable Care Act, providing counsel on the design of eligibility modifications to ensure compliance with the terms of the “pay or play” mandate in a way that both protects the employer from penalties while ensuring the continued delivery of an employee benefit that serves the employer’s recruitment and retention goals. He holds leadership positions for the ABA’s Employee Benefits Committee, the ESOP Association and the Ohio Employee Ownership Center.