New York, NY, April 18, 2011 (GLOBE NEWSWIRE) -- As many companies and private equity firms have been accumulating large amounts of cash over the last three years, they’re coming under increased pressure to deploy that cash productively. According to Clare O'Brien, a partner in the Mergers & Acquisitions Group at Shearman & Sterling LLP, this has led to an increase in M&A activity -- in both public and private transactions.
In a recent video interview with LegalMindsTV, Ms. O’Brien discussed this trend and explored some of the key issues in structuring public and private M&A transactions -- from basic considerations such as whether the transaction should be a merger or tender offer to the impact of decisions such as which assets should be sold, what kinds of liabilities should be accepted, retaining employees and sharing any intellectual property.
O’Brien also discusses the requirements for audited financial statements, as well as other factors which can impact the closing of the transaction, including board or shareholder approvals, post-closure requirements, "go shop" provisions, and termination fees - as they relate to both strategic and financial acquisitions.
In terms of what lies ahead, O’Brien believes the negotiating leverage may begin to swing back to the seller a little bit. "You could say that it’s sort of been a buyer’s market for the last couple of years and I think that may change," she said.
The interview can be viewed at http://legalminds.tv/obrien-m&a and will also be published in the upcoming issue of LegalMinds® digital magazine, available at http://www.legalmindsmagazine.com.
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Shearman & Sterling is a global law firm with approximately 900 lawyers in 20 offices in 12 countries. The firm is a leader in antitrust, mergers and acquisitions, capital markets, project development and finance, complex business litigation and international arbitration, asset management and tax. For additional information, visit chttp://www.shearman.com.
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