Library

The key differences between private equity M&A and strategic M&A, including investment goals, sources of funding, deal complexity, management retention, and break-up fees.

Discussion of supporting documents that may be filed with a brief. Covers the notice of motion, proposed order, declarations and affidavits, exhibits, motions to seal, and proof of service. Provides drafting tips and rules, as well as guidance on how to avoid a last-minute scramble with numbering your exhibits.

An advanced discussion about how to effectively prepare your expert for cross examination. Discusses the best questions to ask your expert during mock Q&A, as well as the best ways to prep them to respond. Also covers how to prepare your expert for impeachment and to come across credibly.

A good closing checklist can help any deal run more efficiently. This course suggests five things to keep in mind when working on a closing checklist as well as some drafting tips.

Cap tables and pro forma cap tables are used before, during and after a deal. This course uses Excel examples to explain their structure, content and uses.

A discussion on buyer and seller perspectives regarding the issue of sandbagging. Features ABA M&A Committee members Nate Cartmell from Pillsbury LLP and Lisa Hedrick from Hirschler Fleischer PC.

An introduction to different types of securities and securities offerings, including an overview of the IPO process, greenshoe options, follow-on offerings, and shelf registrations and takedowns.

Drafting tips and strategic considerations for specific key motions, including motions to dismiss, preliminary injunctions and TROs, discovery motions, and motions for leave to amend.

An introduction to finance and accounting basics including valuation, statistics, data visualization, and where to find financial information about a company. This track also provides an introduction to Excel and explains how to perform present and future value calculations.

Lawyers will learn about the main types of loans, including term loans, revolvers, secured and unsecured loans, and bilateral and syndicated loans. The program also reviews key features commonly found in commercial loans, such as repayment provisions, guaranties, and covenants and events of default.

This track explores how private equity deals are financed, how management incentives are structured, and the strategies funds use to create value.

Advanced guidance on expert reports and rebuttals, including how to work with your expert to help them effectively plan and draft their reports. Focuses on the Opinions section, but then looks closely at the other sections of the report as well. Also gives strategic advice on drafting Daubert motions and Daubert oppositions. Covers specific ways to attack and defend an expert’s methodology, as well as how to select the best arguments.