DealLawyers.com Blog

In our latest Deal Lawyers Download podcast, Mike O’Bryan of Morrison & Foerster joined me for a discussion of some of the M&A developments and trends identified in his firm’s recent report. We covered the following topics in this 32-minute podcast:

1. Evolving due diligence practices relating to AI
2. Implications of changing antitrust and national security review regimes
3. Evolving contractual arrangements for “acquihires” and other hybrid transactions
4. Most consequential recent tax law changes for M&A
5. Expectations about how the SB 21 safe harbor will influence market practice in controller transactions
6. Drafting to reduce the litigation risk of earnouts
7. Influence of activism on board’s strategic review processes
8. How regulatory uncertainties are being addressed in acquisition agreements

We’re always looking for new podcast content, so if you have something you’d like to talk about, please reach out to me at john@thecorporatecounsel.net or Meredith at mervine@ccrcorp.com. We’re wide open when it comes to topics – an interesting new judicial decision, other legal or market developments, best practices, war stories, tips on handling deal issues, interesting side gigs, or anything else you think might be of interest to the members of our community are all fair game.

– John Jenkins