Mergers and Acquisitions

Emerging companies often pursue acquisitions in order to grow rapidly, or they seek to be acquired as part of their exit strategies. We can provide emerging companies with the strategic advice and necessary legal work associated with any plan to acquire or sell existing operations. Our lawyers have experience representing both acquiring companies and target entities in a broad range of industries.

Our focus is providing our clients with comprehensive counseling for negotiated transactions, both large and small. We assist our clients with a variety of transactions, including:

• Purchases and sales of public and private companies
• Asset sales
• Divisional and product-line acquisitions and divestitures
• Management buyouts
• Corporate restructurings and spin offs
• Leveraged acquisitions and related acquisition financings

As a full-service law firm, we are able to assist you in all aspects of an acquisition. Our mergers and acquisitions lawyers frequently work with members of our intellectual property, tax and ERISA, labor and employment, environmental, immigration and litigation departments to further the goals of our clients.

For example, in addition to the typical legal documents involved in these transactions, we have counseled clients involved in acquisitions on the following matters:

• Pre-transaction planning and preparation, including corporate cleanup and estate planning matters
• Entering into engagement agreements with investment banking firms
• Working closely with accountants to structure transactions to obtain the desired accounting and tax  treatment
• Analyzing patent portfolios
• Dealing with the Securities and Exchange Commission and other governmental authorities
• Obtaining necessary regulatory approvals, including Hart-Scott-Rodino clearance
• Negotiating employment and non-competition agreements for key employees
• Disposing of ERISA, welfare and pension-benefit plans
• Applying for and obtaining visa authorizations for non-U.S. citizens
• Negotiating collective bargaining agreements
• Developing responses to activist shareholders and hostile would-be acquirers, including the adoption of appropriate defensive measures
• Evaluating environmental risks and structuring appropriate indemnities

Learn more about Foley Hoag’s Mergers and Acquisitions practice.