Skadden’s “Boards and M&A: Playing, and Winning, the Game of Regulatory Risk” provides guidance to companies on how to mitigate the risks associated with the heightened regulatory scrutiny of—and increased likelihood of regulatory challenge to—M&A transactions. Coverage includes pre-deal diligence and analysis; deal provisions to mitigate and allocate the risks between the parties; ways in which the parties may seek to monitor and protect their critical objectives such that the transaction is worth pursuing; and deliberate documentation.
See our prior report: “Antitrust Challenges: Be Informed and Prepared”; Wachtell Lipton’s “Federal Court Denies Antitrust Divisions Challenge to UnitedHealth Acquisition of Change Healthcare”; and additional resources here. This post first appeared in the weekly Society Alert!