Deal Deliberations
Committing your business to a deal is one of the biggest decisions any business owner, executive or board can make. But once that strategic choice is made, the success of the deal depends on a multitude of factors. That is the rationale behind Deal Deliberations, bringing together our experience, views and opinions on not just deal negotiation but critically all the other elements which help ensure the success of your corporate transactions.
Deal Deliberations looks at legal issues directly relevant to negotiating the deals but goes far beyond that to consider all other issues that add real value to ensuring deal success. Papers consider a range of issues from fundraising to disposal, people to technology, compliance to regulatory approval and data to ESG. We know how to spot the bear traps and we understand where smaller snares can trip you up. We know where there may be opportunities for you not just to do a deal but to do it better.
Navigating competing interests in management equity structures in private equity transactions
Management equity sits at the heart of most private equity transactions. While management teams are often a sponsor's greatest value creation driver, competing priorities around incentives, risk, governance, tax and employment matters can create complex challenges that require careful alignment.
Our latest Deal Deliberations article explores the tension between commercial reality and personal considerations in management equity structures, examining key issues including leaver provisions, tax structuring, restrictive covenants and employment risk. Discover how early legal and strategic input can help sponsors and management teams build trust, align incentives and support long-term value creation.
Deal Deliberations
- Overview
-
Corporate Finance
- Unlocking ESG value
- Prepare your Future Fund loan conversion
- Making and keeping capital markets attractive
- Are secondaries becoming second nature?
-
Corporate Strategy
- The Management (in)equity dilemma
- Turning risk into value creation opportunity
- (Re)selling recommerce
- Reducing friction
- Getting it right
- Artificial warranties
- Addition by subtraction
- Navigating turbulence
- Clearing the last hurdle
- Beyond the language barrier
- On attack or defence
- Fire sale: keeping your cool during an administration
- Wanted: A partner for the future
- Market resilience despite adversity
-
Cyber & Data
- Securing data - Protecting value
- Too much information?
- Ignoring IT security at your peril
-
Disputes
- Does your "champagne clause" sparkle?
-
Employment
- Changing employee mobility to drive growth and competition
- Putting people first
- Doing the deal is only the beginning
-
IP
- IP rights - are they the seller's to sell?
- Is Unitary Patent protection a silver bullet for securing value of IP rich businesses?
- AI: When it pays to work smarter
-
Regulation
- Navigating the brave new world of foreign investment controls
- Giving a deal the green light
- You cannot outrun a "bad ESG diet"
-
Tax
- Taxes and shares: Making sure that founders do not flounder
- Shares in motion: Guiding employees through exits
Corporate Finance
Corporate Strategy
Cyber & Data
Disputes
Employment
IP
Regulation
Tax
Unlocking ESG value
Unlocking ESG value
Key considerations for financing your deals sustainably
Prepare your Future Fund loan conversion
Prepare your Future Fund loan conversion
Timing, flexibility and rigidity are crucial
Making and keeping capital markets attractive
Making and keeping capital markets attractive
Improving the UK's secondary capital raising regime
Are secondaries becoming second nature?
Are secondaries becoming second nature?
The rise of secondaries in Europe
The Management (in)equity dilemma
The Management (in)equity dilemma
Management equity is vital to almost every private equity transaction. Even in the age of AI...
Turning risk into value creation opportunity
Turning risk into value creation opportunity
Carve-outs are not ordinary deals. Buying or selling a whole company is, relatively speaking, straightforward as the target already stands on its own.
(Re)selling recommerce
(Re)selling recommerce
Due diligence of a recommerce business is essential to get right, ensuring successful deals from start to finish
Reducing friction
Reducing friction
The evolution of term sheets in early-stage venture investments
Getting it right
Getting it right
A successful exit strategy for founders
Artificial warranties
Artificial warranties
Points to note in M&A deals involving AI businesses
Addition by subtraction
Addition by subtraction
Executing successful corporate divestitures
Navigating turbulence
Navigating turbulence
Acquiring a target in financial distress
Clearing the last hurdle
Clearing the last hurdle
Making Post-Merger Integration a success
Beyond the language barrier
Beyond the language barrier
Getting the deal done
On attack or defence
On attack or defence
The dynamics of hostile takeovers in a challenging business environment
Fire sale: keeping your cool during an administration
Fire sale: keeping your cool during an administration
What companies and creditors should know about an administrations sale
Wanted: A partner for the future
Wanted: A partner for the future
Key considerations for ta real estate joint venture
Market resilience despite adversity
Market resilience despite adversity
Strong deal fundamentals in emerging Europe
Securing data - Protecting value
Securing data - Protecting value
Due diligence and international data transfers
Too much information?
Too much information?
Sharing personal data in corporate transactions
Ignoring IT security at your peril
Ignoring IT security at your peril
Cyber risks in M&A
Does your "champagne clause" sparkle?
Does your "champagne clause" sparkle?
Drafting optimal and enforceable arbitration clauses
Changing employee mobility to drive growth and competition
Changing employee mobility to drive growth and competition
Proposed reform of non-compete restrictions
Putting people first
Putting people first
Ensuring success in financial services deals
Doing the deal is only the beginning
Doing the deal is only the beginning
Retaining top talent post-M&A
IP rights - are they the seller's to sell?
IP rights - are they the seller's to sell?
Wrongfully owned IP rights may cause issues in transactions
Is Unitary Patent protection a silver bullet for securing value of IP rich businesses?
Is Unitary Patent protection a silver bullet for securing value of IP rich businesses?
Increasing the effectiveness of patent protection across multiple jurisdictions
AI: When it pays to work smarter
AI: When it pays to work smarter
How AI can unlock value and spot hidden IP traps in M&A transactions
Navigating the brave new world of foreign investment controls
Navigating the brave new world of foreign investment controls
An ever-expanding reach
Giving a deal the green light
Giving a deal the green light
Addressing ESG in the M&A process
You cannot outrun a "bad ESG diet"
You cannot outrun a "bad ESG diet"
The proposed Corporate Sustainability Due Diligence Directive in an M&A context
Taxes and shares: Making sure that founders do not flounder
Taxes and shares: Making sure that founders do not flounder
Rebalancing founder equity
Shares in motion: Guiding employees through exits
Shares in motion: Guiding employees through exits
Discover opportunities to do deals better
Legal experts for Deal Deliberations
Local market knowledge. Global outlook
We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.
About CMS