Session details

After the frenzied years of M&A in the mid-2000s, where due diligence was at best a cost and at worst a nuisance, a new economic and regulatory environment has led to a complete change of attitude by buyers towards due diligence. Moreover, given the constant evolution of this environment, the risk of something occurring during the interim phase between signing and closing has dramatically increased. Part 1 of this session will focus on the new legal issues that have to be covered in due diligence when preparing for an acquisition as well as on the new tools that have become gradually available on the market to assist lawyers in their task. We will also investigate how legal advisers can play a key role in preventing or preparing the new owner-to-be and the target to better face future legal constraints or risks that are coming their way. Part 2 of this session will review what process can be set up to maintain a close watch on possible issues occurring between signing and closing, and the solutions to address these risks.