Protecting business in merger and acquisition transactions is a crucial objective, especially as M&A activity ramps up after the pandemic. These are high-risk transactions which can harm corporate reputations and cost billions. Security professionals must have full visibility into the companies being acquired in order to identify any security gaps and reduce risk prior to the deal closes. The use of threat intelligence can identify the most vulnerable points within the two companies systems and offer suggestions for improvement before the integration process begins.
While some M&A transactions are based on financial considerations however, the most successful deals employ a holistic approach to brand and business value. This is the ability to determine the way that customers and markets think about a company’s branding and the reputation of its leaders. Having a strong M&A my latest blog post due diligence process is key to uncovering this information and ensuring that the M&A is successful.
A number of deal protection tools have been integrated into M&A agreements. These include termination fees, matching rights and locking up assets. Since the courts have become more likely to recognize these devices. The degree to which they increase the returns of the shareholders targeted by the deal is contingent upon the motivations and behaviour of the managers and directors who are acquiescing to them, as well as the manner they are implemented. This Article argues that when the conditions of an M&A deal including termination fees and match rights – are designed to align the interests of the target directors and managers with those of their own shareholders, they can dramatically increase the likelihood that a deal is appraised at a fair value.