ABA book helps transactional lawyers increase efficiency, streamline M&A process
In the fast-paced world of mergers and acquisitions, lawyers must streamline their processes to adapt to the dynamic deal environment and demands of the market. The American Bar Association's Business Law Section has published a new guide, "Using Legal Project Management in Merger and Acquisition Transactions," that will help in-house counsel and law firms work faster and smarter and keep pace with the ever-increasing M&A velocity and complexity.
A practical resource, the guidebook contains essential tools that deal lawyers can consult, customize and adapt as they effectively scope, plan, manage and execute M&A transactions. Deal pace continues to accelerate due to advances in technology, instant communication, virtual due diligence and closings. To address the demands of deal velocity and increasing demands for predictability of legal costs, this guidebook provides downloadable and customizable checklists, forms and tools to help lawyers meet such demands, without overlooking important matters or otherwise compromising the quality of legal services.
Organized by three deal phases, namely "Pre-Deal," "Deal" and "Post-Closing," and by user, be it the client, law firm or opposing counsel, this guidebook includes:
- Pre-Deal tools including an acquisition checklist, an outline for an initial deal scoping conversation between client and lawyer and a deal kickoff meeting checklist;
- Deal phase tools including a deal issues drafting guide to inform the preparation of a purchase agreement and a deal issues negotiating tool that facilitates the identification and negotiation at an early stage of key deal issues;
- Post-Closing assessment tool to enable client and lawyer to evaluate how a transaction was handled, facilitate knowledge capture and develop best practices; and
- Billing tools, including M&A billing codes recently adopted by the LEDES Oversight Committee, to facilitate uniform budgeting and reporting, and a menu of alternative fee arrangements for deals.
The guidebook contains a website for purchasers only that includes the downloadable forms, checklists, billing codes and more for easy customization and adaptation.
The guidebook's editors are also co-chairs of the ABA Business Law Section's M&A Committee Task Force on Legal Project Management: Byron S. Kalogerou is a partner with McDermott, Will & Emery LLP in Boston, where he focuses his practice on domestic and cross-border mergers and acquisitions, finance and joint ventures and alliances; Dennis J. White is a partner with Verrill Dana LLP in Boston, where he focuses his practice on mergers and acquisitions and other transactions, often involving non-U.S. parties and cross-border elements.
Published: Fri, May 20, 2016
