Nothing but negotiation

The Gap Partnership

Financial crisis may have triggered M&A creativity

Merger and acquisition deal-breakers may have had to use innovative ways to close business talks.

01 December 2010

Lawyers involved in merger and acquisition (M&A) cases may have started to think in more creative ways as a result of the financial crisis, it has been suggested.

Frank Aquila, a partner at Sullivan & Cromwell, told the Financial Times even though situations where new innovations are required to ensure a deal is closed are rare, people are now starting to consider alternative methods of finishing business negotiations.

Global head of M&A practice Davis Polk & Wardell's noted that the "scary" part of the economic downturn was the need to invent ways of bringing talks to a close as situations arose that had not been encountered before.

He told the news source that it is the innovative lawyers who can recognise alternative ways to conduct business and are able to adapt their approach.

Earlier this week it was announced that the Kendall Law Group - a US national security firm - will look into the acquisition of Baldor Electric by ABB, in order to investigate whether Baldor breached any of its fiduciary obligations towards its share holders.

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