Foley & Lardner LLP partner Christopher King’s comments on M&A due diligence at the Association of Corporate Counsel’s annual meeting were highlighted in the Legal Dive article, “Can this marriage work? Legal tips for corporate M&A.”
He highlighted that the nondisclosure agreement, an early step in the M&A process, should be as concise and clean as possible as there is little to gain from cluttering it with arcane detail or complex clauses to cover various scenarios.
King noted that if there are any buyer concerns on the validity of intellectual property or patent infringement, “we are going to ask for any opinions of counsel,” adding that from the seller’s perspective, “there is going to be reluctance, and rightfully so, to share that attorney-client work product, especially early in the process.”
