February 1, 2024

Scott A. Brown and Lawrence M. F. Spaccasi presented “Addressing Deal Certainty in Uncertain Times” at the 2024 BankDirector Acquire or Be Acquired Conference in Phoenix, Arizona. This session focused on the current regulatory climate with regard to M&A with an emphasis on changing regulatory standards for approval of transactions, hot button issues and potential regulatory threats to the successful and timely completion of a transaction.  The session also discussed the growing trend of non-traditional buyers (such as credit unions and investor groups) and the unique regulatory and diligence issues they raise.  The session also provided examples of merger agreement provisions that can (and should) be considered when engaging with these non-traditional purchasers to better protect the seller.  With the increased regulatory scrutiny of merger transactions, the session also discussed ways to optimize the diligence process, including how to balance a party’s need to ascertain an entity’s regulatory standing while continuing to fulfill its obligations about the treatment of confidential supervisory information.