Michael Okaty and Talita Duarte Author Article on the Present State of Sell-Side M&A

Foley & Lardner LLP partner Michael Okaty and associate Talita Duarte authored the New York Law Journal article, “The State of Sell-Side M&A in the Current Market,” discussing the present mergers and acquisitions landscape, its ongoing challenges, and the emerging signs of recovery in the market.

The authors discuss a range of factors impacting M&A, including the substantial uncommitted capital of private equity firms, increased financing costs and limited credit availability, representation and warranty insurance, and a heightened focus on legal restrictions surrounding non-compete agreements, regulatory scrutiny of antitrust reviews, and evaluations by the Committee on Foreign Investment in the United States.

“The future course of the M&A market remains uncertain, evolving at a measured pace,” Okaty and Duarte conclude. “In this changing environment, companies planning exits in the near term are expected to still encounter a buyer favorable M&A market with the ‘new normal’ deal conditions.”

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