Tackling the toughest deals are a reality of any business, but, as with all things, we are here to help. Indeed, the outside general counsel services we can provide are perhaps most valuable when your business is in the midst of an especially hard-fought deal. Not only can our attorneys help you work through different negotiating strategies, but our experience in this arena can help you find additional value, identify problem areas that might not be evident, and avoid pitfalls before they happen. We can also help negotiate on your behalf, which can create a buffer and bring a little breathing room to an especially contentious deal.
You Want your Deal to be Durable
Bringing in outside general counsel can also help ensure the ongoing durability of your deal. Unfortunately, all too often we see parties reach an agreement in principal but have not actually resolved underlying, material terms. The devil is truly in the details, and our detail-oriented attorneys will help you navigate those challenges and avoid last-minute problems that threaten to blow up your deal. As they say, an ounce of prevention is worth a pound of cure.
Most important to you, our experience can help get the deal done. We have seen a variety of creative approaches in deal making that can help break a negotiating logjam. Understanding what is especially important to the client—and to the adversary—can help us propose innovative terms regarding timing, piecemeal performance, investment credits and other terms that can help develop a deal that seemed like it might not get done. There is no “one size fits all” approach to deal-making, and we pride ourselves on our boutique, custom-tailored solutions to any problem.
Making it Clear: Get it In Writing
Once a deal is reached, often it is just the beginning, but we are here to help. We specialize in putting your deals in writing, and to ensure that the deal you thought you had is the deal that actually gets memorialized. We find that tackling the toughest deals might lead to disagreements down the road, and they are best avoided well before they start. Imagining the likely issues, and drawing upon our past experience, we work to button things up in your best interests.
We See What’s NOT There (But Should Be)
Finally, it is especially important to retain business attorneys where the contract is being drafted by your adversary. Putting aside underhanded conduct, which unfortunately does occur, your adversary simply does not have your best interests at heart. They also might be as competent or sophisticated as you would hope. We often find that the greatest value attorneys can bring at the contract review phase is to identify what is NOT in the agreement, and to point out contradictory or ambiguous terms and scenarios. There is nothing worse than finding your business in a bad spot that could have been avoided.
We work with many businesses to help get deals done, big or small, and to correct deals that have gone sideways. If you think you might need legal assistance, or just want to bounce some ideas around, please give contact us to see what we might be able to do to help.