As ill-fated mergers unravel, divestitures and spins-offs can create market opportunity and shareholder value. However, if not carried out effectively to navigate legal, tax, and other complexities, such transactions can lead to further value destruction. In a Bloomberg Law article entitled “Weighing Risk and Reward When Considering Mega Merger Breakups,” Mitchell Raab, Chair, and Kenneth Silverman, Partner, in Olshan’s Corporate/Securities Law Practice Group, weigh in on the key considerations businesses must take when eyeing a breakup. Among others, these include asset division decisions; transaction structuring; required public disclosures and stock exchange approvals and notices; required approvals by shareholders, lenders and regulators (both domestically and internationally); communications planning; impacts on local and federal government and political relationships; a transition services arrangements; tax impacts; intellectual property implications; employment arrangements; and real estate decisions.
PartnerServing clients involved in diverse industries, Mitch brings broad experience and strong commercial sensibility to his practice. He provides comprehensive strategic counsel, helping clients evaluate, structure, negotiate ...
PartnerKen has extensive experience in mergers and acquisitions, public offerings, and private placements. Representing both public and private companies as buyers and sellers in M&A transactions, he also counsels startups, hedge ...