2024 Transaction Advisor Institute M&A Conference

Jenn will be joined by Melanie Hallas, Assistant Vice President - Senior Legal Counsel, Antitrust at AT&T, Barbara Blank, Director & Associate General Counsel, Competition & Regulatory at Facebook, and Chuck Webb, Lead Antitrust Counsel at FedEx. The panel will address how sophisticated deal makers embed M&A governance in their process to create value. It will explore whether an effective M&A governance process can be employed while still delivering efficient execution. The discussion will also cover when boards of directors need to engage in transaction oversight, how deals are being constructed to provide dynamic protections, and what practitioners should keep in mind when implementing M&A governance frameworks to capture intended outcomes.

Oliver will speak on a panel that will explore how deal teams are allocating risk among counterparties and third parties, and the relevant differences between holdbacks and other forms of protection. It will examine whether misperceptions or real market changes are impacting the use of transaction insurance, and what shifts are occurring in fraud, non-reliance, and no-recourse provisions. The discussion will also cover strategies to ensure that no single party exerts undue control over a closing condition. For long-close acquisitions, the panel will address how terms should be structured to allow for necessary adjustments. Additionally, it will delve into how outside dates, ticking fees, efforts, reverse break fees, equity grants, and other deal points can be designed to work harmoniously together.