Top 10 Issues for Non-U.S. Buyers Contemplating Acquisitions in the U.S. (PDF)
The first half of 2014 represented the most active half-year for U.S. M&A since H1 2007. While this resurgence in inbound U.S. M&A demonstrates the general accessibility of the U.S. market, potential buyers should still be aware of the complex legal and regulatory considerations involved in acquiring a U.S. company. This article highlights 10 issues that arise frequently when non-U.S. buyers seek to acquire U.S. companies.
Frank Aquila has a broad multidisciplinary practice that includes extensive experience in negotiated and unsolicited mergers and acquisitions; activist and takeover defense; complex cross-border transactions; global joint ventures; and private equity transactions. He also regularly counsels boards of directors and board committees on corporate governance matters and crisis management. Mr. Aquila serves as a regular adviser to global leaders such as Amgen, Anheuser-Busch InBev, Avon, Diageo, International Airline Group, Navistar International and United Rentals. Mr. Aquila has been repeatedly cited as one of the world’s leading mergers and acquisitions lawyers. He has been recognized as one of a small number of lawyers ranked by Chambers Global in Band 1 (their top tier), as an American Lawyer “Dealmaker of the Year” and as a recipient of the Atlas Award as “Global M&A Lawyer of the Year.” For his work in corporate governance, Mr. Aquila has been named by the National Association of Corporate Directors (NACD) to their “Directorship 100” – one of the 100 most influential people in corporate governance and inside the boardroom. He is also a two-time winner of the Burton Award for Legal Achievement (2005 and 2010). In 2009 Mr. Aquila was selected by the American Bar Association as a “Legal Rebel” – one of the profession’s 50 leading innovators. Law360 named him a Life Sciences MVP in 2013.
Melissa Sawyer is a partner in Sullivan & Cromwell’s Mergers & Acquisitions Group. Recognized by Chambers USA 2014 as a Corporate M&A “Up and Coming” lawyer, she focuses her practice on a variety of corporate governance, M&A and private equity matters in the United States and abroad. Among other things, Melissa is experienced in dealing with activist shareholders, takeover offense and defense, poison pills, carve-out transactions and joint ventures. Her experience spans multiple industries, including consumer and retail, healthcare and life sciences, insurance and industrials. Melissa is currently a Lecturer in Law at Columbia Law School and a Fellow of the American Bar Foundation and often speaks on corporate governance and M&A matters.
Ask the LexisNexis experts - and get a complete answer based on today's law.
An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.
Emerging Issues Analysis PDFs should be purchased individually or accessed through Lexis.com if you have a subscription.