Mergers, acquisitions, and asset sales often have many moving parts that require clients to engage subject matter experts to review both proposed terms and due diligence on a host of topics, from environmental to tax and employment matters. But what about the rest of the contract? Often issues arise post-closing that were not fully anticipated during the transaction. The culprits are usually boilerplate terms (such as arbitration, choice of law, force majeure, and integration clauses) and terms designed to mitigate future risk (such as earn outs and indemnities).
Foley & Lardner attorneys Michael Thompson and Jasmine Coo take you through the contract terms that are most commonly disputed after the closing of a merger, acquisition, or asset sale and provide tips to help you avoid expense and heartache in the long run.