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Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions

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"Magnificent ... An indispensable desk book for acquisition lawyers."
—Martin Lipton; Wachtell, Lipton Rosen & Katz, New York

Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions is a unique guide to handling a corporate acquisition negotiation successfully. Some of its advice is geared towards effectuating workable compromises that satisfy the interests of all parties; some is aimed at getting a leg up on your adversaries. One of the book's principal points is how these twin, seemingly antithetical goals can and should be attained.

At the outset, Mr. Freund explores the fencing for position that goes on during preliminary negotiations, when many of the basic issues vital to the deal are resolved. Later chapters analyze: the basic acquisition agreement; bargaining techniques applicable to substantive issues such as purchase price, representations and warranties, and indemnification; and employment contracts. The author also examines the period between signing and closing—a time when things can and do go wrong. Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions suggests tactics to use—and tactics to guard against. It contains analysis so shrewd, so insightful, so skillfully written, that once you begin reading it, you'll find yourself reluctant to put it down.

Book #10526; casebound, one volume, 559 pages; published in 1975. ISBN: 978-1-58852-000-5
Additional Information
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-000-5
Page Count 0
Edition 0
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Chapter 1
By Way Of Introduction

Chapter 2
Negotiating Techniques And Tactics

2.1.   Some Preliminary Observations
2.1.1.   Doin’ What Comes Naturally
2.1.2.  Practice What I Preach

2.2.  The Central Role of Compromise
2.2.1.  The Back of My Hand to the Non-Negotiable Demand
2.2.2.  How To Say “No” Without Seeming Negative
2.2.3.  Marshalling Arguments to Support Your Cause
2.2.4.  The Creative Discovery of Common Ground
2.2.5.  The Ultimate Solubility of Most Issues

2.3.  Getting A Leg Up
2.3.1.  The Twin Virtues of Persistence and Perspective
2.3.2.  Volunteering for the Draft
2.3.3.  Timing—of the Essence
2.3.4.  To Swap, Perchance to Cede
2.3.5.  Hoist On His Own Petard
2.3.6.  The Absurdity of It All
2.3.7.  Threats, Fits, and Other Adventures in Brinkmanship
2.3.8.  Staffing the Negotiations
2.3.9.  Clients are People
James C. Freund
Mr. Freund is of counsel to Skadden, Arps, Slate, Meagher Flom LLP and is located in the New York office. He is also the author of Lawyering: A Realistic Approach to Legal Practice published by Law Journal Press.

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