The Real Deal Webinar Series: Trends and Developments in M&A (Part II): Private Company Targets

The fifth installment of The Real Deal, “Trends and Developments in M&A (Part II): Private Company Targets,” was held on May 20, 2014, from 12:00 – 1:30 p.m. (Central). The Real Deal is a webinar series addressing current trends, challenges, and legal topics pertinent to M&A and securities professionals.

Today’s legal procedures and requirements for transactions involving private company targets are complex. Winston & Strawn partners Eva Davis and Jennifer Kurtis presented this interactive webinar focused on what you need to know about the latest developments in M&A for private company targets.

This presentation featured a discussion of the following topics:

• Overview of M&A deal activity
• Developments regarding key terms, including indemnification, survival periods, and escrows
• Representations and warranties insurance
• Material Adverse Effect (MAE)
• Earn-outs used to bridge valuation gaps
• Court proceedings v. arbitration
• The current auction environment for buyers and sellers, and its effect on deal terms
• Key issues for private equity/venture capital/control shareholders and multiple classes of stock

This is the second in a two part series – last month we covered public company targets. To access a recording of last month’s webinar, please click here.