The Art of Negotiation

When mergers and acquisitions hit the financial headlines, the news is usually all about the size of the deal. Occasionally we’ll also hear about synergies or job losses as a consequence of the changes.

What we don’t hear about is the time and effort put in by diligent lawyers, crafting heads of terms, negotiating representations and warranties, monitoring the due diligence process and generally making the deal happen.

Contracts form a crucial role in ensuring value is realised for both buyers and sellers. Efficient and effective negotiation is a key skill for an M&A lawyer, so having the right team in place is essential, particularly in cross-border scenarios with multiple jurisdictions involved.

With this in mind IR Global brought eight members of its M&A Group together to discuss the M&A deal process. The aim of this feature is to give members and their clients an insight into best practice negotiation techniques used across a range of jurisdictions. We also assess regulations that can affect acquisitions, and analyse the differences between common and civil law, particularly in relation to the notary process.

The following discussion involves IR Global members from the United States – New York and Chicago, Canada – Quebec, Germany, Switzerland, The Netherlands, Bermuda and Spain.

Conseillers contributeurs

  • Balthasar Wicki
    Corporate Law in Switzerland

    Balthasar Wicki

    goldBalthasar is a gold member
    finalist 2017Balthasar was Member of the Year finalist in 2017
  • Shai Kuttner
    Mergers & Acquisitions in Netherlands

    Shai Kuttner

    goldShai is a gold member
  • Urs Breitsprecher
    Mergers & Acquisitions in Germany

    Urs Breitsprecher

    goldUrs is a gold member
    finalist 2014Urs was Member of the Year finalist in 2014
  • Gilles Seguin
    Mergers & Acquisitions in Canada – East and Mergers & Acquisitions in Canada – Quebec

    Gilles Seguin

    silverGilles is a silver member
    Partner, BCF
  • Mercedes Clavell
    Commercial Law and Real Estate in Spain

    Mercedes Clavell

    silverMercedes is a silver member
    Of Counsel, Arco Abogados
  • Stephen Siller
    Mergers & Acquisitions in New York

    Stephen Siller

    bronzeStephen is a bronze member
    Partner, Offit│Kurman
  • Michael S. Roberts
    Corporate Law and Mergers & Acquisitions in Illinois

    Michael S. Roberts

    bronzeMichael S. is a bronze member
    Partner, Taft