What to Do with the Lawyers
Just as you need an accountant experienced in financial due diligence, you want a lawyer at your side who specializes in acquisitions. Previously, I remarked that I always hope the seller has a lawyer who “speaks M&A.” When it comes to due diligence and crafting the deal structure, this point holds equally true for you. Just as you wouldn’t see a podiatrist for a heart problem, you don’t want a criminal attorney handling your company acquisitions. A good M&A lawyer will best know how to handle questions of past, current, and future litigation, as well as issues of representation and warranty.
As we know, attorneys by nature seek to eliminate risk in any negotiation. And as we also know, this is a quixotic pursuit—risk ...
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