In the wake of the M&A wave, many acquisitions fail to take the necessary steps to integrate their combined operations leading to unwinding the parties. These failures and politically disastrous consequences can be avoided through careful planning during the M&A process, rather than putting them off until after the closing of the transaction. We will explore: reasons for failed consolidations, how to plan in advance to avoid such failures, legal recourse when faced with unwinding an acquisition, event unwind triggers to consider when negotiating the M&A transaction and contract exit strategy provisions for consideration, and fiduciary responsibilities and duties of the respective boards.
Recorded at the Health Law Institute in March 2022.