Maryland Mergers and Acquisitions Attorneys
In business, the only constant is change. To survive this inevitable change, businesses must proactively prepare and plan for whatever may come if they want to continue to grow. For many companies, this plan may involve a merger or acquisition. Merging with or acquiring another company can lead to rapid expansion.
On the other hand, a merger or acquisition can create potential liability issues. Thus, the reason to plan. But all that planning means nothing if it is not undertaken with thorough knowledge of the law and applied using the insight obtained from years of business law experience. Maryland merger and acquisition attorneys can help guide you through the planning process to set you up for whatever the future holds for your business.
At Lusk Law, LLC our mergers attorneys assist clients through the complicated process of consolidation, merger, or acquisition. Whether you are considering a merger or acquisition or are already in the process, contact us today at (443) 535-9715 to schedule an appointment with our team.
In this initial consultation, we can get to learn more about your business goals while advising you on how we can help obtain those goals through smart legal advice and solid strategizing.
Why Choose Lusk Law, LLC
Trusted Maryland Mergers and Acquisitions Attorneys Who Get Results
Ultimately, you must choose a mergers attorney who best fits your needs. These are complicated legal matters that require real skill and talent. You also need to work closely with the attorney, so their personality will matter, too. We understand this at Lusk Law, LLC and that is why we take the time to get to know you before we agree to take on your legal matters. Likewise, we want you to get to know us.
Here are just a few distinguishing factors about why you should choose Lusk Law, LLC for your mergers or acquisition matter or for any other business legal services you may need.
- Experience. For years, we have been helping companies in Frederick and throughout Maryland get established and provide legal support as their grow their business.
- Honesty. We advise you on the law and how it applies in your specific mergers and acquisitions situation or any other legal matter, being clear and honest throughout the course of our counsel.
- Results-driven. We incorporate our deep understanding of the marketplace and create legal solutions that align with your company’s mission and goals.
- Client-focused. We put our clients first and provide the legal services we would demand for our own business.
- Relationships. We build strong relationships with our clients, making us more like a partner in their business endeavors.
- Knowledge. We know the law, but we also know business. As business owners ourselves, we know what the stakes are and act accordingly, using the law as our guide, resource, and competitive advantage.
An M&A requires real skill and knowledge to be successful. Let us at Lusk Law, LLC help you find your competitive advantage and grow your company through a merger or acquisition. Contact us at (443) 535-9715 to schedule a consultation.
We will see you through the process and help set you up for continued growth. Getting results is what drives our legal services, and helping clients is what makes our own job worth it.
How Lusk Law, LLC Can Help Your Business in Maryland
Client-Focused Mergers Attorneys with Skill, Knowledge, and Experience
As it is, merger and acquisition proceedings are some of the most heavily regulated business transactions, overseen by the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC). The SEC and FTC aim to make sure that:
- Both companies act according to the law and do not engage in insider trading;
- Stocks and assets are valued correctly; and
- All transactions involved in mergers and acquisitions comply with fair competition and antitrust laws.
To prevent problems with the SEC and FTC and to ensure your merger or acquisition goes smoothly with minimal issues, we apply a threefold mergers and acquisitions strategy, which involves documenting the deal, helping clients make informed decisions, and crafting the agreement.
Documenting the Deal
Documentation is critical. Examples of documentation you will need to get organized for a successful merger or acquisition include but are not limited to:
- Letters of intent.A letter of intent (LOI) is a written document that outlines both parties’ intent to enter into an agreement — in effect, an “agreement to agree”
- Asset purchase agreements. An asset purchase agreement (APA) between the buyer and seller finalizes terms and conditions related to the purchase and sale of a company’s assets
- Confidentiality agreements.A confidentiality agreement or non-disclosure agreement (NDA) will keep all parties from publicly discussing the terms of the merger or acquisition, or even the fact that discussions are occurring
- Assignment and assumption agreements. Assignment and assumption agreements refer to the legal transfer of one party’s contractual rights and responsibilities to another party.
These forms and documents can be complex and require diligent review and negotiation to get them right. The wording and format of these documents are critical not only to the success of the future company, but also to remain in compliance with federal regulations.
Do not risk critical errors or oversights in these important forms. Work with a law firm that knows what you need and how to prepare documents that eliminate margins of error. Contact Lusk Law, LLC at (443) 535-9715 to learn more about mergers and acquisitions documentation.
Making an Informed Decision
Due diligence is another indispensable part of any mergers and acquisitions transaction. Due diligence is the process of putting forth a diligent effort to learn all the relevant meaningful information pertaining to a matter in question, and in turn, disclosing that information in an up-front way. This is exactly what you need to do to identify and research the target company.
Due diligence, if done right, will lead you to the answer to this important question, “Does Company A really want to acquire or merge with Company B?”
Due diligence will help uncover and shed light on the target company’s:
- Intellectual property
- Customers and sales
- Material contracts and commitments
- Litigation and tax matters
- Regulatory and antitrust issues
- Environmental issues
- Benefits and employment.
Both parties of any merger or acquisition must be prepared for the due diligence process. A qualified mergers and acquisitions attorney can streamline the process while ensuring compliance and efficiency.
Crafting the Agreement
The mergers and acquisitions attorneys at Lusk Law, LLC have represented a range of clients on both sides of mergers and acquisitions. We are well-versed in business contracts and are, thus, prepared to help you and your company draft an agreement that incorporates your interest and complies with relevant regulations. This agreement will be the foundation upon which your company expands and grows.
The many legal processes associated with mergers and acquisitions might seem complex, but with the assistance of an experienced business law attorney, you can rest assured that the phase of your business’s evolution will be built on strong ground.
Mergers and Acquisition FAQs
Maryland Mergers and Acquisitions Attorney Answers Your Questions
The prospect of a merger or acquisition can raise many questions, and Maryland’s laws on mergers and acquisitions are extensive and demand compliance. At Lusk Law, LLC we believe our clients should be well-informed before, during, and after making critical decisions about their company and their company’s growth.
Here, our Maryland mergers lawyer answers a few questions we often get during a consultation with business clients considering merging with or acquiring another company or clients who may be the subject of an acquisition.
What are Mergers and Acquisitions?
Mergers and acquisitions are the processes by which two or more companies combine into one. The approaches, however, are slightly different. In a merger, two companies join, or “merge.” Typically, these companies are around the same size and mutually agree to the merger because they will both benefit from it.
An acquisition, on the other hand, occurs when one company purchases, or “acquires,” another company. The process can either be friendly or hostile. The two companies are typically not equal partners in the new enterprise and may not share in all the advantages that combining forces may offer.
One important thing to keep in mind is this: mergers and acquisitions are not for exceptionally large companies alone, but small businesses can benefit from these processes as well.
What are the Benefits of Mergers and Acquisitions in Maryland?
The benefits of mergers or acquisitions are many. Here are some of the most common benefits and reasons why small to large companies consider merging with or acquiring other businesses.
- Economies of scale. If done right, a merger or acquisition can help your company realize economic gains when the two companies, as one, create a stronger, more productive, and more efficient company.
- Resources. Two companies benefit from additional resources the other company now provides – this can include access to materials, suppliers, or other tangible resources.
- Risk management. When companies merge, risk can be shared across different revenue streams – if one revenue stream (e.g., products or services) is less than anticipated, the other income stream may make up for it.
- New markets. Like access to resources, the merging of two companies can open the door to new markets the companies did not have prior to the merger and acquisition.
- Business continuity. When the founder of a small or family-owned business retires, it puts the company at risk of failing without a clear succession plan. To protect employees and the business itself, a merger or acquisition can minimize or prevent interruptions in the business and provide job security.
What Can I Do to Avoid Common Mistakes Made in Mergers and Acquisitions?
Mergers and acquisitions can be a big step in the right direction for companies, but they can also be a setback if mistakes are made. Prior to finalizing a merger or acquisition, be sure to:
- Develop a smart strategy that is based on a clear understanding of the marketplace and the law;
- Undertake due diligence before coming to an agreement;
- Negotiate, negotiate, negotiate – do not be afraid of negotiating what is in your company’s best interests;
- Be flexible because challenges and unforeseen circumstances may require it; and
- Retain smart legal counsel to see you through all these things and more.
It cannot be understated how easily a merger or acquisition can go wrong, but, on the other hand, if it goes right, the benefits are many.
Does Lusk Law, LLC Offer Legal Services beyond Mergers and Acquisitions?
We offer a wide range of services to our clients, so we are uniquely positioned to help clients through all stages of their business and their personal lives.
For businesses, we offer several forms of legal help, including business succession, debt collection for businesses, the determination of business structure, and employment contracts. Business owners know to expect the unexpected, which is why having a relationship with a law firm that is experienced in so many aspects of business law is so beneficial.
Beyond business, we assist clients with real estate-related issues, litigation, tax issues, and estates and trusts. Our clients know that they can count on us to assist them with any of the legal challenges they encounter.
If you need legal representation, we encourage you to contact Lusk Law, LLC, today for an appointment.
Contact a Smart, Resourceful Mergers Attorney in Maryland Today
Mergers and acquisitions require real skill and knowledge. It is a strategy for growth if undertaken with a smart plan of action. Legal matters are central to any M&A, and that is why we at Lusk Law, LLC are here to ensure your company does its due diligence and makes informed decisions. Contact us online or call us at (443) 535-9715 today.
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