The sale or purchase of a going business concern can be an exciting and lucrative undertaking, but it is also fraught with pitfalls for the unwary and inexperienced. The attorneys at McClain & Snody LLC have participated in hundreds of these transactions and offer valuable knowledge and guidance in this dynamic area of legal practice. Having an experienced legal expert on your team can make the difference between a successful transaction that allows both buyer and seller to move forward amicably after the closing, and one that invites post-closing disputes, ambiguities and legal entanglements.

Negotiating a fair deal requires an understanding of the many complex issues and risks that arise in connection with M&A transactions. While it is tempting to believe that the negotiations end once a sale price has been determined, numerous other factors will determine whether the deal is, in fact, a good one or a bad one for each party. Successor liability, environmental liability, and indemnification obligations are a few of the more significant areas of liability that must be addressed in the purchase contract, with appropriate allocations of risk to each party. Understanding the scope of each party’s representations and warranties in the purchase contract is critical. What may be appropriate in one transaction may be grossly unfair in another. Our attorneys are highly knowledgeable about what is customary in M&A contracts and what new trends are emerging. Our insight into these matters enables our clients to make informed decisions throughout the negotiation process.

Above all, the attorneys at McClain & Snody LLC are committed to helping clients achieve their goals in the transaction. We recognize that flexibility and cooperation most often lead the parties to successful closings, and we encourage our clients to keep their overall objectives in mind as we help them work through the details.