The in-house view: managing risks in cross-border M&A

Author: | Published: 8 Jul 2019
1 minute read
In-house counsel play a critical role in M&A transactions, from assessing a target company to mitigating risks and addressing critical business areas in the transaction document by incorporating necessary safeguards, key covenants and essential provisions to protect the purchaser’s interest in collaboration with external counsel. Thus the in-house counsel not only helps in mitigating the potential risks, claims or liabilities, it also protects the purchaser’s commercial interest.

In-house counsel, as a business enabler, can play a critical role in both domestic and international M&A transactions given the opportunities and challenges in safeguarding the purchaser's business interest in today's digital and competitive world.

In-house counsel, of course, must first clearly understand the purpose of the acquisition, the potential target company's business, the proposed deal structure – whether it is an asset purchase (tangible/intangible), stock purchase, or a reverse or forward merger –...