{"id":144959,"date":"2026-02-27T10:23:41","date_gmt":"2026-02-27T18:23:41","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/02\/27\/anatomy-of-a-modern-merger-a-step-by-step-guide-for-gcs-2\/"},"modified":"2026-02-27T10:23:41","modified_gmt":"2026-02-27T18:23:41","slug":"anatomy-of-a-modern-merger-a-step-by-step-guide-for-gcs-2","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/02\/27\/anatomy-of-a-modern-merger-a-step-by-step-guide-for-gcs-2\/","title":{"rendered":"Anatomy Of A Modern Merger: A Step-By-Step Guide For GCs"},"content":{"rendered":"<figure class=\"wp-block-image alignright size-large is-resized\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" width=\"1024\" height=\"678\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2025\/09\/office-1516329_1280-1024x678.jpg?resize=1024%2C678&#038;ssl=1\" alt=\"\" class=\"wp-image-1168792\" title=\"\"><figcaption><\/figcaption><\/figure>\n<p><em><span>Editor\u2019s note<\/span>: A companion webinar featuring these speakers is available on-demand, with CLE credit available. Use the form at the bottom of this article to access the presentation. This is the first in a three-part series. \u00a0<\/em><\/p>\n<p>Although the deals market has shown a modest rebound in early 2025, a recent report by Deloitte notes that today\u2019s dealmakers must \u201cnavigate perpetual uncertainty.\u201d<\/p>\n<p>This uncertainty is driven by numerous factors: economic changes, evolving risk management, and emerging technologies, for example.\u00a0<\/p>\n<p>As a result, <a href=\"https:\/\/www.deloitte.com\/us\/en\/what-we-do\/capabilities\/mergers-acquisitions-restructuring\/articles\/m-a-trends-report.html\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Deloitte says<\/a>, \u201cpivoting has emerged as a core competency\u201d for dealmakers.\u00a0<\/p>\n<p>The same goes for law departments involved with a corporate transaction \u2014 or even the possibility of a future transaction.<\/p>\n<p>\u201c\u2018Logistics\u2019 is an important word here, because the whole M&amp;A process is also a process of logistics,\u201d says Kariem Abdellatif, the head of Mercator by Citco (Mercator), a specialist entity management provider that helps organizations manage their global entity portfolios, including during complex M&amp;A transactions.\u00a0\u00a0<\/p>\n<p>Having the right partner in place to oversee a transaction\u2019s numerous and intricate details will allow the lawyers to focus on high-level work like pricing and negotiation, he notes. This, in turn, enables the flexibility that today\u2019s dealmakers must cultivate.\u00a0\u00a0<\/p>\n<p>In this series presented by our friends at Mercator, we\u2019ll be providing a step-by-step guide for general counsel navigating a merger or other corporate transaction. To start, we\u2019re exploring best practices for corporate law departments in the pre-merger phase.\u00a0<\/p>\n<p>Stay tuned for our upcoming articles detailing how GCs can help negotiate and close a deal, as well as how the law department can help integrate organizations post-merger.\u00a0<\/p>\n<p>We\u2019ll also be discussing these topics in a webinar. <a href=\"https:\/\/share.hsforms.com\/1cFQhnitaSUewz0r4H4gVdwa2sm\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">You can pre-register here.<\/a><\/p>\n<p><strong>Get Good Data (and Know What to Do With It)\u00a0<\/strong><\/p>\n<p>A first step for any legal department involved in a corporate transaction is to understand the portfolio of companies involved. The only way to do this is by gathering trustworthy data.\u00a0<\/p>\n<figure class=\"wp-block-image alignright size-large is-resized\"><img data-recalc-dims=\"1\" decoding=\"async\" loading=\"lazy\" width=\"372\" height=\"1024\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2025\/09\/MCM376_ATL_Top-Tips-Sidebar-372x1024.jpg?resize=372%2C1024&#038;ssl=1\" alt=\"\" class=\"wp-image-1169040\" title=\"\"><figcaption><\/figcaption><\/figure>\n<p>\u201cWhen it comes to data, there are several critical questions that need answering,\u201d Abdellatif says. \u201cWhat information do we need? Where is it stored? Who maintains it? How can we verify its accuracy? Is it up to date? Getting clear answers to these questions early on is essential for making informed decisions and planning effective integration.\u201d<\/p>\n<p>A platform like Mercator\u2019s Entica can take this a step further by applying that data to create detailed and interactive corporate org charts. The platform can also generate hypothetical charts to model potential acquisitions.\u00a0<\/p>\n<p>These charts map out the \u201cfamily tree\u201d of an organization \u2014 showing which entity sits on top, what happens if entities\u2019 locations are moved, what it would mean if an entity were liquidated.<\/p>\n<p>\u201cOur technology enables legal teams to visualize the entire org chart,\u201d Abdellatif says. \u201cFrom there they can toy around with it to see how changes might affect the overall corporate structure. This is particularly valuable during M&amp;A discussions, where understanding complex entity relationship is key.\u201d\u00a0<\/p>\n<p><strong>Determine Your Lane<\/strong><\/p>\n<p>While gathering corporate data is critical, knowledge of a potential deal must typically be kept confidential outside of a few key stakeholders.\u00a0<\/p>\n<p>When the GC is brought under the umbrella, their first step is to determine their role.\u00a0<\/p>\n<p>Will the GC be engaging outside counsel? Will they be managing these lawyers? Will the GC be the primary point of contact for the transaction?\u00a0\u00a0<\/p>\n<p>The scope of these potential roles varies widely, notes Josh Hollingsworth, an M&amp;A partner with Barnes &amp; Thornburg LLP.<\/p>\n<p>The GC of a company being acquired, for example, might be limited to assisting the buyer in conducting due diligence. In other circumstances, the GC might be expected to lead the entire deal.<\/p>\n<p>\u201cNavigating where they fit in and asking affirmative questions so that there aren\u2019t any assumptions \u2014 it\u2019s important for a GC to just figure out what their role is in some cases,\u201d Hollingsworth says.<\/p>\n<p><strong>Master Organizational Psychology<\/strong><\/p>\n<p>When a GC is involved in advancing a transaction, they must draw on their soft skills as much as their legal training in the pre-merger phase.\u00a0<\/p>\n<p>Thinking strategically about the organization and the stakeholders involved is a key to success.<\/p>\n<p>\u201cI don\u2019t think there\u2019s a specific playbook for each circumstance,\u201d Hollingsworth says. \u201cI think it\u2019s just a matter of being aware of everyone who\u2019s involved and making sure that you understand the universe of how this transaction\u2019s going to affect everybody.\u201d\u00a0<\/p>\n<p>An initial step is to determine who will be brought into the deal, and who will not be informed.\u00a0<\/p>\n<p>This requires thinking through who in the organization will be important \u2014 the IT, HR, and risk management teams, for example.\u00a0<\/p>\n<p>\u201cIf nobody in HR knows, it\u2019s going to be hard to get through employee and benefits diligence,\u201d Hollingsworth says. \u201cIf nobody in IT knows about a transaction, and an IT issue comes up, similarly, that will be challenging.\u201d<\/p>\n<p>Abdellatif notes that technology like Mercator\u2019s Entica system can play a role in ensuring the knowledge of the deal sits only with the stakeholders who are looped in.<\/p>\n<p>\u201cWhat we want to make certain is that data access is available to those who need it, but not beyond that,\u201d Abdellatif says. \u201cThat data is only accessible to those who actually require it, and you don\u2019t have people rummaging through information they shouldn\u2019t.\u201d\u00a0<\/p>\n<p><strong>Understand Your Team<\/strong><\/p>\n<p>It\u2019s also important to gauge the likely motivations of each stakeholder with a role in the transaction.\u00a0<\/p>\n<p>Hollingsworth notes that anyone informed of a potential deal will first ask themself a simple question.\u00a0<\/p>\n<p>\u201cLiterally, \u2018What does this mean for me?\u2019 is going to be the first question that everybody who\u2019s brought under the tent is going to think about, and that\u2019s just human nature,\u201d Hollingsworth says. \u201cSo just being prepared to work through those dynamics is important for a GC.\u201d\u00a0<\/p>\n<p>If a company is being acquired, for example, that could be seen as a threat to many stakeholders, who may work to undermine the deal.\u00a0<\/p>\n<p>It\u2019s true of acquiror companies as well, Hollingsworth notes. Some may see someone in the acquired organization as a threat to their position. Some may simply think it\u2019s too much work to go through with the deal.<\/p>\n<p>Will a stakeholder be gaining or losing in job title and status? Are there financial incentives, like parachute payments to a departing CEO, involved?\u00a0<\/p>\n<p>\u201cI think a lot of people take it for granted that if the CEO or the board says, \u2018We\u2019re gonna do something,\u2019 that we\u2019re gonna do it,\u201d Hollingsworth says. \u201cWhat ends up happening in any group dynamic is there are various levels of resistance.\u201d<\/p>\n<p>For a company potentially being acquired, maintaining impeccable data and compliance can help thwart resistance to a deal. These practices can even provide bargaining leverage, according to Abdellatif.<\/p>\n<p>\u201cHaving this level of organization builds confidence with potential acquirers and can positively influence their approach to the transaction\u201d he says.\u00a0<\/p>\n<p>If a company doesn\u2019t seem to have well-maintained regulatory compliance, by contrast, an acquiring company will likely become more critical.<\/p>\n<p>Technology can also help. Mercator\u2019s Entica, for example, features a corporate compliance calendar that tracks all requirements a year in advance and ensures a company maintains proper structures around compliance.<\/p>\n<p>Abdellatif has seen acquired companies impressing acquirors with the thoroughness of their regulatory compliance, and the acquiring companies in turn seeking to adopt their systems.<\/p>\n<p>This thoroughness can also help stave off any internal resistance to a deal.<\/p>\n<p>\u201cThe best defense is making sure that you have your ducks in a row, that your information and data is properly set up, and that you can demonstrate just how effectively you run your department,\u201d he says.\u00a0<\/p>\n<p><strong>Don\u2019t Forget About Your JD<\/strong><\/p>\n<p>In addition to organizational management, of course, a GC must also consider legal risks at this stage.<\/p>\n<p>One top risk in a pre-merger environment is confidentiality. For publicly traded companies, insider trading laws will kick in, and for nonpublicly traded companies, there can be issues with employees or vendors knowing of the deal at the early stages.<\/p>\n<p>A GC must ensure there are robust nondisclosure agreements \u2014 and serious consideration around which internal and external stakeholders are informed to begin with.\u00a0<\/p>\n<p>\u201cConfidentiality will be at the very top of your legal risk in the pre-transaction phase,\u201d Hollingsworth says. \u201cSimilarly, antitrust considerations go hand-in-hand.\u201d<\/p>\n<p>Corporate transactions will often take place between competing companies, which must make a pre-merger filing with the Federal Trade Commission under the Hart-Scott-Rodino Act. If there are foreign operations, a variety of other regulations apply as well.\u00a0<\/p>\n<p>Competing companies that are exploring a merger must also be careful about the level of cooperation during this stage because of antitrust concerns known as \u201cgun-jumping.\u201d\u00a0<\/p>\n<p>\u201cThe expectation is that you\u2019re going to operate the business independently all the way up through closing,\u201d Hollingsworth says.\u00a0<\/p>\n<p><strong>Leverage Your Tech<\/strong><\/p>\n<p>As with all things in the corporate world, AI-enabled technology is playing an increasing role in mergers and acquisitions.\u00a0<\/p>\n<p>In the pre-merger phase, generative AI will come into play for in-house lawyers \u2014 particularly when drafting pre-merger documents like nondisclosure agreements.\u00a0<\/p>\n<p>New technology can also immediately inform counsel of \u201cwhat\u2019s market,\u201d giving negotiators detailed knowledge of precedent regarding every aspect of a transaction.\u00a0<\/p>\n<p>The Entica platform combines workflows with data management, ensuring actions as varied as filing financial statements, appointing directors and auditors, and executing documents are all tracked and accounted for.\u00a0<\/p>\n<p>It allows quick access to this data throughout a company\u2019s full portfolio, and segments it to ensure it\u2019s only accessible to stakeholders who require it.\u00a0<\/p>\n<p>\u201cWhen you come back to logistics, it really serves as the backbone in many ways,\u201d Abdellatif says.\u00a0<\/p>\n<p>Seasoned practitioners like Hollingsworth remember the due diligence process of decades ago, where there was a physical data room that contained banker boxes full of documents related to the transaction.<\/p>\n<p>These, of course, have been replaced by online data rooms that can be accessed 24\/7. Similarly to due diligence, closings and negotiations have moved from in-person to virtual.\u00a0<\/p>\n<p>For negotiators, though, this convenience may create a new pitfall to avoid.\u00a0<\/p>\n<p>If you\u2019ve flown across the country for an in-person meeting, the expectation is that items will be resolved in that meeting, Hollingsworth notes.<\/p>\n<p>\u201cAllowing virtual negotiations leads to more iterations of the document,\u201d he says, \u201cand it may actually lead to the negotiations taking longer.\u201d<\/p>\n<p><em>Stay tuned for the next article in this series, where we\u2019ll be exploring steps to consider during the negotiation and closing of a transaction.\u00a0<\/em><\/p>\n<p><strong>Register Here! 1 hour of CLE credit is available.<br \/><\/strong>\n\t\t<\/p>\n<div class=\"\"><\/div>\n<p>\u00a0\u00a0<\/p>\n<p>The post <a href=\"https:\/\/abovethelaw.com\/2026\/02\/anatomy-of-a-modern-merger-a-step-by-step-guide-for-gcs-3\/\" rel=\"nofollow noopener\" target=\"_blank\">Anatomy Of A Modern Merger: A Step-By-Step Guide For GCs<\/a> appeared first on <a href=\"https:\/\/abovethelaw.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<\/a>.<\/p>\n<figure class=\"wp-block-image alignright size-large is-resized\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" width=\"1024\" height=\"678\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2025\/09\/office-1516329_1280-1024x678.jpg?resize=1024%2C678&#038;ssl=1\" alt=\"\" class=\"wp-image-1168792\" title=\"\"><figcaption><\/figcaption><\/figure>\n<p><em>Editor\u2019s note: A companion webinar featuring these speakers is available on-demand, with CLE credit available. Use the form at the bottom of this article to access the presentation. This is the first in a three-part series. \u00a0<\/em><\/p>\n<p>Although the deals market has shown a modest rebound in early 2025, a recent report by Deloitte notes that today\u2019s dealmakers must \u201cnavigate perpetual uncertainty.\u201d<\/p>\n<p>This uncertainty is driven by numerous factors: economic changes, evolving risk management, and emerging technologies, for example.\u00a0<\/p>\n<p>As a result, <a href=\"https:\/\/www.deloitte.com\/us\/en\/what-we-do\/capabilities\/mergers-acquisitions-restructuring\/articles\/m-a-trends-report.html\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Deloitte says<\/a>, \u201cpivoting has emerged as a core competency\u201d for dealmakers.\u00a0<\/p>\n<p>The same goes for law departments involved with a corporate transaction \u2014 or even the possibility of a future transaction.<\/p>\n<p>\u201c\u2018Logistics\u2019 is an important word here, because the whole M&amp;A process is also a process of logistics,\u201d says Kariem Abdellatif, the head of Mercator by Citco (Mercator), a specialist entity management provider that helps organizations manage their global entity portfolios, including during complex M&amp;A transactions.\u00a0\u00a0<\/p>\n<p>Having the right partner in place to oversee a transaction\u2019s numerous and intricate details will allow the lawyers to focus on high-level work like pricing and negotiation, he notes. This, in turn, enables the flexibility that today\u2019s dealmakers must cultivate.\u00a0\u00a0<\/p>\n<p>In this series presented by our friends at Mercator, we\u2019ll be providing a step-by-step guide for general counsel navigating a merger or other corporate transaction. To start, we\u2019re exploring best practices for corporate law departments in the pre-merger phase.\u00a0<\/p>\n<p>Stay tuned for our upcoming articles detailing how GCs can help negotiate and close a deal, as well as how the law department can help integrate organizations post-merger.\u00a0<\/p>\n<p>We\u2019ll also be discussing these topics in a webinar. <a href=\"https:\/\/share.hsforms.com\/1cFQhnitaSUewz0r4H4gVdwa2sm\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">You can pre-register here.<\/a><\/p>\n<p><strong>Get Good Data (and Know What to Do With It)\u00a0<\/strong><\/p>\n<p>A first step for any legal department involved in a corporate transaction is to understand the portfolio of companies involved. The only way to do this is by gathering trustworthy data.\u00a0<\/p>\n<figure class=\"wp-block-image alignright size-large is-resized\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" width=\"372\" height=\"1024\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2025\/09\/MCM376_ATL_Top-Tips-Sidebar-372x1024.jpg?resize=372%2C1024&#038;ssl=1\" alt=\"\" class=\"wp-image-1169040\" title=\"\"><figcaption><\/figcaption><\/figure>\n<p>\u201cWhen it comes to data, there are several critical questions that need answering,\u201d Abdellatif says. \u201cWhat information do we need? Where is it stored? Who maintains it? How can we verify its accuracy? Is it up to date? Getting clear answers to these questions early on is essential for making informed decisions and planning effective integration.\u201d<\/p>\n<p>A platform like Mercator\u2019s Entica can take this a step further by applying that data to create detailed and interactive corporate org charts. The platform can also generate hypothetical charts to model potential acquisitions.\u00a0<\/p>\n<p>These charts map out the \u201cfamily tree\u201d of an organization \u2014 showing which entity sits on top, what happens if entities\u2019 locations are moved, what it would mean if an entity were liquidated.<\/p>\n<p>\u201cOur technology enables legal teams to visualize the entire org chart,\u201d Abdellatif says. \u201cFrom there they can toy around with it to see how changes might affect the overall corporate structure. This is particularly valuable during M&amp;A discussions, where understanding complex entity relationship is key.\u201d\u00a0<\/p>\n<p><strong>Determine Your Lane<\/strong><\/p>\n<p>While gathering corporate data is critical, knowledge of a potential deal must typically be kept confidential outside of a few key stakeholders.\u00a0<\/p>\n<p>When the GC is brought under the umbrella, their first step is to determine their role.\u00a0<\/p>\n<p>Will the GC be engaging outside counsel? Will they be managing these lawyers? Will the GC be the primary point of contact for the transaction?\u00a0\u00a0<\/p>\n<p>The scope of these potential roles varies widely, notes Josh Hollingsworth, an M&amp;A partner with Barnes &amp; Thornburg LLP.<\/p>\n<p>The GC of a company being acquired, for example, might be limited to assisting the buyer in conducting due diligence. In other circumstances, the GC might be expected to lead the entire deal.<\/p>\n<p>\u201cNavigating where they fit in and asking affirmative questions so that there aren\u2019t any assumptions \u2014 it\u2019s important for a GC to just figure out what their role is in some cases,\u201d Hollingsworth says.<\/p>\n<p><strong>Master Organizational Psychology<\/strong><\/p>\n<p>When a GC is involved in advancing a transaction, they must draw on their soft skills as much as their legal training in the pre-merger phase.\u00a0<\/p>\n<p>Thinking strategically about the organization and the stakeholders involved is a key to success.<\/p>\n<p>\u201cI don\u2019t think there\u2019s a specific playbook for each circumstance,\u201d Hollingsworth says. \u201cI think it\u2019s just a matter of being aware of everyone who\u2019s involved and making sure that you understand the universe of how this transaction\u2019s going to affect everybody.\u201d\u00a0<\/p>\n<p>An initial step is to determine who will be brought into the deal, and who will not be informed.\u00a0<\/p>\n<p>This requires thinking through who in the organization will be important \u2014 the IT, HR, and risk management teams, for example.\u00a0<\/p>\n<p>\u201cIf nobody in HR knows, it\u2019s going to be hard to get through employee and benefits diligence,\u201d Hollingsworth says. \u201cIf nobody in IT knows about a transaction, and an IT issue comes up, similarly, that will be challenging.\u201d<\/p>\n<p>Abdellatif notes that technology like Mercator\u2019s Entica system can play a role in ensuring the knowledge of the deal sits only with the stakeholders who are looped in.<\/p>\n<p>\u201cWhat we want to make certain is that data access is available to those who need it, but not beyond that,\u201d Abdellatif says. \u201cThat data is only accessible to those who actually require it, and you don\u2019t have people rummaging through information they shouldn\u2019t.\u201d\u00a0<\/p>\n<p><strong>Understand Your Team<\/strong><\/p>\n<p>It\u2019s also important to gauge the likely motivations of each stakeholder with a role in the transaction.\u00a0<\/p>\n<p>Hollingsworth notes that anyone informed of a potential deal will first ask themself a simple question.\u00a0<\/p>\n<p>\u201cLiterally, \u2018What does this mean for me?\u2019 is going to be the first question that everybody who\u2019s brought under the tent is going to think about, and that\u2019s just human nature,\u201d Hollingsworth says. \u201cSo just being prepared to work through those dynamics is important for a GC.\u201d\u00a0<\/p>\n<p>If a company is being acquired, for example, that could be seen as a threat to many stakeholders, who may work to undermine the deal.\u00a0<\/p>\n<p>It\u2019s true of acquiror companies as well, Hollingsworth notes. Some may see someone in the acquired organization as a threat to their position. Some may simply think it\u2019s too much work to go through with the deal.<\/p>\n<p>Will a stakeholder be gaining or losing in job title and status? Are there financial incentives, like parachute payments to a departing CEO, involved?\u00a0<\/p>\n<p>\u201cI think a lot of people take it for granted that if the CEO or the board says, \u2018We\u2019re gonna do something,\u2019 that we\u2019re gonna do it,\u201d Hollingsworth says. \u201cWhat ends up happening in any group dynamic is there are various levels of resistance.\u201d<\/p>\n<p>For a company potentially being acquired, maintaining impeccable data and compliance can help thwart resistance to a deal. These practices can even provide bargaining leverage, according to Abdellatif.<\/p>\n<p>\u201cHaving this level of organization builds confidence with potential acquirers and can positively influence their approach to the transaction\u201d he says.\u00a0<\/p>\n<p>If a company doesn\u2019t seem to have well-maintained regulatory compliance, by contrast, an acquiring company will likely become more critical.<\/p>\n<p>Technology can also help. Mercator\u2019s Entica, for example, features a corporate compliance calendar that tracks all requirements a year in advance and ensures a company maintains proper structures around compliance.<\/p>\n<p>Abdellatif has seen acquired companies impressing acquirors with the thoroughness of their regulatory compliance, and the acquiring companies in turn seeking to adopt their systems.<\/p>\n<p>This thoroughness can also help stave off any internal resistance to a deal.<\/p>\n<p>\u201cThe best defense is making sure that you have your ducks in a row, that your information and data is properly set up, and that you can demonstrate just how effectively you run your department,\u201d he says.\u00a0<\/p>\n<p><strong>Don\u2019t Forget About Your JD<\/strong><\/p>\n<p>In addition to organizational management, of course, a GC must also consider legal risks at this stage.<\/p>\n<p>One top risk in a pre-merger environment is confidentiality. For publicly traded companies, insider trading laws will kick in, and for nonpublicly traded companies, there can be issues with employees or vendors knowing of the deal at the early stages.<\/p>\n<p>A GC must ensure there are robust nondisclosure agreements \u2014 and serious consideration around which internal and external stakeholders are informed to begin with.\u00a0<\/p>\n<p>\u201cConfidentiality will be at the very top of your legal risk in the pre-transaction phase,\u201d Hollingsworth says. \u201cSimilarly, antitrust considerations go hand-in-hand.\u201d<\/p>\n<p>Corporate transactions will often take place between competing companies, which must make a pre-merger filing with the Federal Trade Commission under the Hart-Scott-Rodino Act. If there are foreign operations, a variety of other regulations apply as well.\u00a0<\/p>\n<p>Competing companies that are exploring a merger must also be careful about the level of cooperation during this stage because of antitrust concerns known as \u201cgun-jumping.\u201d\u00a0<\/p>\n<p>\u201cThe expectation is that you\u2019re going to operate the business independently all the way up through closing,\u201d Hollingsworth says.\u00a0<\/p>\n<p><strong>Leverage Your Tech<\/strong><\/p>\n<p>As with all things in the corporate world, AI-enabled technology is playing an increasing role in mergers and acquisitions.\u00a0<\/p>\n<p>In the pre-merger phase, generative AI will come into play for in-house lawyers \u2014 particularly when drafting pre-merger documents like nondisclosure agreements.\u00a0<\/p>\n<p>New technology can also immediately inform counsel of \u201cwhat\u2019s market,\u201d giving negotiators detailed knowledge of precedent regarding every aspect of a transaction.\u00a0<\/p>\n<p>The Entica platform combines workflows with data management, ensuring actions as varied as filing financial statements, appointing directors and auditors, and executing documents are all tracked and accounted for.\u00a0<\/p>\n<p>It allows quick access to this data throughout a company\u2019s full portfolio, and segments it to ensure it\u2019s only accessible to stakeholders who require it.\u00a0<\/p>\n<p>\u201cWhen you come back to logistics, it really serves as the backbone in many ways,\u201d Abdellatif says.\u00a0<\/p>\n<p>Seasoned practitioners like Hollingsworth remember the due diligence process of decades ago, where there was a physical data room that contained banker boxes full of documents related to the transaction.<\/p>\n<p>These, of course, have been replaced by online data rooms that can be accessed 24\/7. Similarly to due diligence, closings and negotiations have moved from in-person to virtual.\u00a0<\/p>\n<p>For negotiators, though, this convenience may create a new pitfall to avoid.\u00a0<\/p>\n<p>If you\u2019ve flown across the country for an in-person meeting, the expectation is that items will be resolved in that meeting, Hollingsworth notes.<\/p>\n<p>\u201cAllowing virtual negotiations leads to more iterations of the document,\u201d he says, \u201cand it may actually lead to the negotiations taking longer.\u201d<\/p>\n<p><em>Stay tuned for the next article in this series, where we\u2019ll be exploring steps to consider during the negotiation and closing of a transaction.\u00a0<\/em><\/p>\n<p><strong>Register Here! 1 hour of CLE credit is available.<br \/><\/strong>\n\t\t<\/p>\n<p>\u00a0\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Editor\u2019s note: A companion webinar featuring these speakers is available on-demand, with CLE credit available. Use the form at the bottom of this article to access the presentation. This is the first in a three-part series. \u00a0 Although the deals market has shown a modest rebound in early 2025, a recent report by Deloitte notes [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":133798,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-144959","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/09\/MCM376_ATL_Top-Tips-Sidebar-372x1024-6F7mVg.jpg?fit=372%2C1024&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/144959","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=144959"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/144959\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/133798"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=144959"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=144959"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=144959"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}