M&A Series: How Do the Deal Points Studies Apply to Small Deals?
RESCHEDULED FROM 04/22/20
Co-sponsored by the M&A Subsection of the CBA Business Law Section
- Get the data from expert presenters to negotiate key deal points in smaller deals
- Learn how highly negotiated deal points tend to become more seller favorable as transaction value increases
- Gain insights on why published deal points studies do not reflect the “market” position for any given deal point for all transactions, and why “market” varies based on a number of factors, including deal size
- Something Different This Month! Program starts at 3:30 pm, and will be followed by a social hour. Please join us!
- Can’t Leave the Office? This M&A Subsection CLE Series Program is also available via live Internet webcast, direct to your desktop!
When negotiating mergers and acquisitions, have you ever questioned why “market” is determined by published deal point studies, regardless of transaction size? There is substantial support for your doing so! Your expert presenters will guide you through the data and a survey of five terms in more than 800 deals verifying that highly negotiated deal points tend to become more seller favorable as transaction value increases.
Your presenters include one of the two deal lawyers conducting this important and much needed survey; a seasoned attorney who has focused on representing small- to mid-sized businesses for more than 30 years, and an oft-recognized attorney who closed 75 transactions valued at more than $1.5 billion during a six-year period.
Attend this time-efficient CLE, and learn how to best negotiate deal points in smaller transactions on behalf of your clients. Register now!
Agenda:
3:30-4:30pm
How Do the Deal Points Studies Apply to Small Deals?
- What are appropriate (1) liability caps and liability basket amounts and types, (2) sellers’ catch-all representations, (3) “no undisclosed liabilities” representations, and (4) closing conditions, in small deals?
- Why are they reasonable?
- Settling contentious deal points mindful of data and transaction size
Presented by Julie A. Herzog, Esq., Fortis Law Partners LLC, Julian M. Izbiky, Esq., Izbiky & Langer, and Eric M. Rauch, Esq., Bryan Cave Leighton Paisner LLP
4:30
Adjourn
Meet Your Presenters:
Julian M. Izbiky, Esq., is a member of Izbiky & Langer PLLC, a firm with four attorneys and two legal assistants, which Julian founded in 1988 to focus on representing small and mid-sized businesses. The majority of Julian's practice relates to representing buyers or sellers in business transactions. He has handled over 1,000 business transactions. The remainder of Julian's practice involves general business law. Julian received degrees from Brandeis University (economics, 1977, Phi Beta Kappa, magna cum laude) and the University of Michigan Law School (1980).
Julie A. Herzog, Esq., leads the corporate/transactional practice at Fortis Law Partners and specializes in corporate, securities and mergers and acquisitions. She has handled transactions valued at over $4 billion for major public companies and investment banks and enjoys working with a diverse clientele ranging from Fortune 100 corporations to startups, family offices, and venture capital and private equity funds. In the last six years, Julie negotiated and closed over 75 transactions valued at over $1.5 billion on behalf of her clients. Julie's experience with major international law firms from 1994 to 2002 and at Fortis Law since 2003 has honed her expertise in identifying client business objectives while also addressing the legal and business risks that are unique to each client's project. Understanding the importance of timeliness, strategy, and communication has earned Julie several awards. These include the InterContinental Finance Magazine's “100 Leading Female Lawyers,” Denver Business Journal's Outstanding Women in Business Award Finalist, two-time "Forty under 40” award winner, and M&A Lawyer of the Year by ACQ Global Awards. She has also been included on the Super Lawyers list for the Top 50 Women in Colorado for the last four years.
Eric M. Rauch, Esq., partner, Bryan Cave Leighton Paisner, brings a practical and flexible approach to advising private and public companies on mergers and acquisitions and joint ventures. Eric is a trusted advisor to clients ranging from private equity sponsors and strategic acquirers to co-investors, sellers of closely held businesses, hedge funds, and investment banks. His practice spans a wide range of industries, with a significant emphasis on health care, software, and technology (including cryptocurrency). He’s well versed in these areas, having successfully managed a health care business through a turn-around, and completed a master's degree in computer science. Through his experience running deals and extensive research, Eric has developed a deep understanding of the middle market. He published the first study to examine the effect of transaction size on deal terms (this was the largest deal study published to date), and presented the first data on overall loss history in deals and representation and warranty insurance payouts. Prior to joining his current law firm, Eric practiced in the New York offices of corporate groups of two global law firms. He also previously served as the summer clerk for Second Circuit Judge Robert D. Sack.
PROGRAM SERIES CHAIR and CBA M&A SUBSECTION CHAIR
Darren Hensley, Esq.
Polsinelli PC
Denver, CO
Registration Fees
| Non Member | $69.00 |
| CBA Member | $49.00 |
| CBA Business Law Section Member | $39.00 |
| CBA Mergers & Acquistitions Subsection Member | $39.00 |
| New Lawyer Edge Partner | $24.50 |
| CLEACCESSPASS--ELITE Pass Holder | $0.00 |
- General Credits: 1.00
- Ethics Credits: 0.00
- EDI Credits:
To join the CBA or add a Section to your membership click
Sponsor Information
After attending this Update, you will better understand:
- Current Bankruptcy Law Issues Involved in Your Bankruptcy Cases
- Recent Court Decisions, Rule Changes and More
- Bankruptcy Law Recent Developments