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Course Details

This CLE webinar will explore strategies for navigating the implications of tariffs on current and future M&A deals. The panel will examine the heightened tariff-related risks in M&A deals and provide guidance for mitigating those risks through focused due diligence and key provisions in acquisition agreements. 

Faculty

Description

The uncertainty of the second Trump administration's trade policies and tariffs have slowed the pace of global M&A activity with many active deals being delayed or paused. Tariffs impact many facets of an M&A deal, including product demand and profit margins, making it increasingly difficult to accurately value a business. 

Parties contemplating M&A transactions must address tariff implications throughout their deal negotiations. This includes performing focused due diligence on tariff-related risks with a target's inputs and outputs and supply chains as well as the availability of alternative suppliers and manufacturers in areas with less tariff liability. 

Counsel and deal parties will also want to address tariff-related risks at the letter of intent stage and in acquisition agreements. Some key considerations when negotiating deal terms include purchase price adjustments, representations and warranties, interim operating covenants, material adverse effects, tariff-related conditions, and transaction completion deadlines. 

Despite the uncertainty of the current global M&A market, a merger or acquisition can be a key strategy for navigating the complex geopolitical landscape by leveraging a more favorable business environment in areas less impacted by tariffs.  

Listen as our expert panel reviews the current global M&A landscape and provides guidance for mitigating tariff-related risks and navigating the uncertainty of the ever-evolving geopolitical environment. 

Outline

I. Overview: interplay of tariffs and M&A activity

II. Early identification of potential tariff risks and liabilities

III. Key considerations when valuing a target company in light of new tariffs

IV. Mitigating tariff-related risks

A. Conducting focused due diligence to identify the effect of tariffs on a target company's operations

B. Negotiating transaction documents and key deal terms

V. Using M&A as a strategy for a business to adapt and thrive in the evolving geopolitical landscape

VI. Practitioner pointers and key takeaways

Benefits

The panel will discuss these and other key considerations:

  • How have tariffs impacted the current M&A market?
  • What are due diligence considerations when reviewing the tariff-related risks of a target company?
  • What are key provisions counsel should consider when negotiating M&A letters of intent and acquisition agreements to help reduce tariff-related deal risks?
  • How can M&A be used as a strategy for companies to adapt and grow their operations in the ever-changing geopolitical landscape?