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There are certain issues inherent with large mergers and acquisitions. If the combined assets of the companies involved in the merger or acquisition exceed a certain amount, under the Scott Rodino Act, the companies must file pre-merger filings.
During the beginning phases of a merger or an acquisition, the parties review documents to ensure that the merger or acquisition is a good move for the companies. Document review is time consuming, so firms often retain experienced, temporary attorneys to help review the documents prior to sending the documents to the other party. Documents must also be reviewed once received. If the merger or acquisition passes the tests under the Scott Rodino Act, pre-merger filings must be filed with the government.
The documents must be reviewed again for content prior to forwarding to the government for the pre-merger filings. An experienced, temporary mergers and acquisitions attorney is often retained to help with the document review. This saves the firm time and money in that the firm can now work on other aspects of the case or meet with other clients, attend hearings, and continue the daily routine of the firm.
When one company wants to acquire another or when two companies plan to merge, certain documents must be filed with the government if the merger or acquisition of both companies' assets exceeds a certain amount.
Document review attorneys are used to review documents passing back and forth between the parties, as both parties review each other's financials to ensure the merger or acquisition is a good move.
If the assets exceed the amount dictated by the Scott Rodino Act, pre-merger filings must be filed with the government. Reviewing the documents for pre-merger filings becomes time consuming, so attorneys often retain one or more temporary attorneys for the document review process. Legal staffing agencies provide experienced mergers and acquisitions attorneys to review the documents for content.
Once the pre-merger filings are completed and reviewed by the government, and the government determines that no monopoly is formed by the acquisition of one company by another or that there is no monopoly formed by a merger, the parties may continue with the merger or acquisition.
When two businesses agree to merge or one business agrees to acquire another business, the merger or acquisition might cause a monopoly. If the combined assets of both companies are worth over a certain amount, the companies must file pre-merger filings with the government.
Provision of these documents is often time consuming because of the financial documents that must be reviewed to properly complete the pre-merger filings. During this phase, the government might not allow the merger or acquisition, in which case, additional documentation must be provided in order to prove that a monopoly is not being formed. Review of the documents could be time consuming. A temporary attorney with a business mergers and acquisitions background provides document review services for firms, allowing the firms to manage their time more efficiently.
There are also times wherein legal issues are brought to court as the parties cannot settle their differences. In this case, discovery is requested by both sides—document review attorneys review electronic and other documents for content to ensure that no confidential documents are provided to the opposing counsel.
Legal temp staffing is used by firms that need additional temporary attorneys for help on extensive cases, such as cases involving mergers and acquisitions. While temporary attorneys might be used to fill in for attorneys on lengthy leaves, they are more commonly used to help firms review documents.
A temporary attorney from a legal temp staffing agency provides experienced document review services in his field of specialty. Retaining a temporary attorney allows smaller firms to take larger cases, wherein the small firm may not have been able to accept such a case. Retaining a temporary attorney is also beneficial to larger firms, as the attorneys on the case can concentrate on other issues in the case or on working with other clients.
During the discovery process, documents must be reviewed for content before being forwarded to the opposing counsel. Some documents are non-discoverable because of confidentiality issues, such as attorney-client privilege.
A legal staffing firm hires experienced attorneys in all areas of the legal field. It also provides attorneys and other staff for law firms that need extra help with document review during the discovery process of litigation.
One of the fields that commonly uses experienced, temporary attorneys is mergers and acquisitions. When an issue comes to hand in a merger or an acquisition, the documents provided are generally extensive. All documentation for both companies must be provided to the plaintiff and the defendant. Often, there are many finance documents, pre-merger filings, and other documents relating to the merger or to the issue at hand.
Many of these documents are electronic in nature. Emails are sent back and forth between attorneys for the plaintiff and defendant. Emails are also sent between the attorney and the attorney's client. The emails between an attorney and the attorney's client are usually confidential and not required for production. Emails are also used to send pleadings back and forth between the attorney and the attorney's client.
A mergers and acquisitions document review attorney reviews the electronic documents to determine if the documents fall under certain confidentiality laws or rules, and are not discoverable.
A legal recruitment company recruits lawyers that have experience with mergers and acquisitions. Lawyers do not necessarily have to have experience with document review, though it is preferred. Lawyers should have experience in the mergers and acquisitions field.
The documents being reviewed by lawyers are usually electronic discovery in a mergers and acquisitions case, though other documents (non-electronic) might be reviewed. The documents are reviewed for confidentiality issues, such as attorney-client privilege. The documents are separated, as they are not disclosed during the discovery phase of a mergers and acquisitions case, unless an attorney has a good reason to disclose these documents.
Most documents reviewed are electronic in nature, such as emails. Often, a client might provide his attorney with electronic discovery, rather than providing the required documents in paper form. Scanning documents to a compact disk saves the client and the attorney time and money in the form of copying costs. It also allows documents to be easily found, as they can be searched via keywords.
|Jennifer Mathes, Ph.D.|