Navigate M&A accounting arbitrations with insider perspective
M&A Disputes takes you inside the dispute resolution process to help
you put together the many "moving parts" necessary to obtain a
successful outcome. With deep insight from experts in the
field--including valuable advice from the arbitrator's perspective--this
book guides you through the entire process to explore the variables at
work. The high volume of M&A transactions makes post-closing price
adjustment provisions and accounting arbitrations a critical part of
doing business. Yet, the field is opaque to non-practitioners and
important issues can be easily misunderstood without specific knowledge
and experience. A resulting award can make or break a transaction; an
intimate understanding of the process's inner working can help you plan
your position to the greatest advantage. This book explores the many
factors that that contribute to a successful resolution across the
entire transaction life cycle from contract negotiation through the
dispute phase including due diligence, determination of the target net
working capital, conception and closing of the purchase agreement,
post-closing negotiation and dispute resolution, the impact of
accounting practices, guidance, and documentation as well as relevant
auditing concepts, and various facts and circumstances surrounding the
target business and the transaction that need to be considered.
M&A volume remains high and continues to result in large numbers of
current and future post-closing M&A disputes. Clients rely on their
attorneys and advisers to guide them through the process and counsel
them toward a positive outcome. Those professionals will find that M&A
accounting arbitrations carry a range of distinctions that require a
specialized knowledge base to navigate correctly. This book provides
real-world guidance from experts in the field, with invaluable insight
for every stage of the process.
- Walk through the entire dispute resolution process from arbitrator
selection through final award
- Understand how M&A agreement provisions impact the awarded amount as
well as the options available to limit the scope of potential disputes
and the "gaming" of the post-closing process by the counterparty
- Understand the nature of accounting estimates and guidance, their
interaction with accounting arbitrations, and how to synthesize facts,
circumstances, and GAAP into a persuasive argument to present to the
accounting arbitrator
- Get situation-specific advice for different types of transactions
- Learn practitioner "dos" and "don'ts" from the arbitrator's
perspective
M&A Disputes provides transaction parties and their representatives an
inside view at the transaction and commonly disputed items through the
eyes of the arbitrator to provide them with uniquely valuable insight.
In addition to being an invaluable tool for practitioners appearing
before an accounting arbitrator, M&A Disputes also provides advice to
would-be and experienced arbitrators alike to successfully resolve
disputes that can be significant and complex.
