M&a Masters

The practice of revesting has radically changed the M&A landscape in recent years, says Michael Frank, partner at Hogan Lovells. It provides advantages to both buyers and owners and founders. Michael explains why revesting has become so widespread – especially in Silicon Valley – and the best way to approach these types of deals. It’s something you have to keep in mind from the earliest discussions between buyer and seller.

Where does our food come from? Who makes it… and how? It’s those sorts of questions that guide Stephen Hohenrieder as he invests private equity in all levels of the value chain in the food industry. There is a sea change in going on in how consumers relate to food, and Stephen, the chief executive and chief investment officer for a single family office, says it’s prime time invest in this trend.

One of the biggest sticking points during the negotiations for any M&A deal is indemnification. It’s a problem Nate McKitterick has dealt with for many years as a partner specializing in transactional insurance and indemnification matters at law firm DLA Piper. Basically, buyers insist that sellers be “on the hook” for any issues that come up post-sale. And sellers are nervous about making the representations required for a deal to go through… when something out of their control could cost them.

With the oil and gas sector seemingly on the road to recovery, there’s been an uptick in M&A activity, says Jimmy Vallee. As a native Texan and partner in the Houston office of law firm Paul Hastings, Jimmy should know. He’s got some strategies for taking advantage of this market rise. He also examines the role of private equity in this industry and best practices for mergers and acquisitions in this space – it’s unlike other industries and one “little” mistake could cost you millions.

The decision to buy or sell a business is an important one… and it’s often not a straightforward process, says M&A advisor Arthur Cirulnick of Venable LLP. You want somebody in your corner who knows what they’re doing. That’s especially true when, as is the case with many companies, this is your first time doing it. Arthur shares details on the deals he’s seen go very wrong… and how things were patched up. He also highlights the best practices behind what should be in every M&A deal.

Healthcare companies are a different animal than businesses in other industries in a lot of ways. And that means you need a different approach when it comes to mergers and acquisitions. Patrick Krause, a director at investment bank MHT Partners focused on healthcare, has shepherded a lot of deals in this sector. He shares how he helps turn M&A transactions into win-win-win deals, where both buyers and sellers are happy – and patients benefit, too.

As a business owner or CEO, you’ve worked hard to build your company for years, if not decades. Unfortunately, says Terry Hill, managing director of public accounting and advisory firm BPM’s advisory practice, the due diligence process in an M&A deal can reveal overlooked weaknesses that can severely impact the valuation and efforts to find a buyer. But you can still get maximum enterprise value and have a successful exit, says Terry. You just need to do the right prep work.

When putting together an M&A deal it’s tempting to focus solely on operations and the financials. But to ensure a smooth transition after the papers are signed… you can’t forget the people side of things and company culture, says Shari Yocum of Ernst & Young’s People Advisory Services Practice in Silicon Valley.

He’s seen a lot of deals in his 25 years as an investment banker, but these days Patrick Crocker, founder and managing director of MHT Partners, specializes in helping owners and entrepreneurs sell their businesses. Let’s face it, you’re an expert in your industry. But what do you know about mergers and acquisitions? Hiring an advisor let’s you focus on keeping the business healthy, while the advisor repairs problem areas and finds qualified potential buyers.

One of the newest – and most effective tools – being used in mergers and acquisition deals today is Representations and Warranty insurance. With this coverage, if there is a breach, the insurance company will pay the loss. The buyer has certainty of collection. But do insurance companies actually pay claims?