Douglas W. Clarke, Therrien Couture Joli-Coeur L.L.P (Montreal, Quebec, Canada); Stella Lellos, Rivkin Radler LLP (Uniondale, NY); Jonathan S. Storper, Hanson Bridgett LLP (San Francisco, CA)
About this program
COVID 19 has changed the landscape of M&A. Businesses are concerned about the impact of another pandemic or other ‘force majeure’ on their operations. Owner-operators are seeing consolidation in their industries. The likelihood of increased taxes at the beginning of 2022 is propelling an increase in M&A activity and urgency to close before year-end. Valuations are tricky as buyers and sellers use the “COVID year” to reduce or increase the purchase prices. Representations and warranties insurance is on the rise as buyers and sellers seek to mitigate risk. Our discussion will focus on practical solutions to the challenges experienced during the initial decline, and issues encountered during the subsequent surge, in M&A activity arising from the COVID-19 pandemic.