Background - Practices (Details)

M&A Due Diligence and Cross-Border Approach


Due Diligence for M&A

Our approach to M&A is to support clients both in the initial investment, acquisition or joint venture, as well as the ongoing life of the investment thereafter. From start to finish, we help clients prepare for, structure, document, negotiate and close the transaction, as well as conduct due diligence throughout the process. Where a transaction involves the issuance of securities or securing financing, we prepare the appropriate offering memoranda and finance documents. Our lawyers regularly represent buyers, sellers, and strategic and financial investors, including publicly traded and privately held companies, private equity funds, and hedge funds. We counsel boards of directors, assist in obtaining antitrust and other governmental approvals and clearances, and assist in post-transaction integration. We also offer numerous clients trade-specific due diligence during the acquisition process and provide post-closing integration services specifically with respect to anti-corruption, sanctions, export controls, customs compliance, consumer protection, Food and Drug Administration regulations, tax, and government contracts. We stay invested and continue to partner with clients beyond the transaction. Following the close of a deal, we offer post-transaction integration assistance (including reviewing and harmonizing competing corporate policies). Then, taking a strategic partnering approach with our clients, we remain all-in after the integration until the acquired business is functioning the way it was envisioned.

With approximately 500 lawyers, Crowell & Moring represents global businesses, governments and other multinational organizations – both public and private – in a broad range of areas, including sophisticated corporate and finance transactions. We provide comprehensive representation in all aspects of domestic and cross-border M&A transactions, including stock and asset acquisitions, divestitures, joint ventures, spin-offs, joint ventures, and sales reorganizations and recapitalizations. In international circles, in addition to our Corporate and Securities practice, we are especially known for our premier practices in International Trade, Antitrust, Global Regulatory and Compliance, Government Contracting, and International Dispute Resolution. We have particular depth in cross-border M&A transactions in Latin America – both for U.S. clients operating in that region and for Latin American clients navigating U.S. laws and regulations.

Cross-Border M&A Approach

At Crowell & Moring, we offer a rare combination of experienced transactional lawyers, regulatory lawyers and policy advisors in a single law firm taking a uniquely comprehensive, integrated, hands-on, team-based approach to deals. There are often times in international business when the local issues trump deal and industry expertise. We believe that it is simply not enough to be a U.S. expert in an industry when engaging in a cross-border deal. It is in these settings where Crowell & Moring offers a distinct advantage by being true cross-border business advisors. Our lawyers and senior international policy advisors understand how foreign markets work, how to navigate regulatory agencies and other governmental authorities, and how to engage with U.S. and non-U.S. stakeholders so that the right deal is presented and brought to closing swiftly. Most critically, our team has the requisite knowledge and experience across a variety of legal disciplines to effectively craft deals that conform to the complexities of local laws, fit the local operating context, and achieve the global goals of the client.

We handle M&A transactions from our U.S. and European offices and, as required, draw upon our global law firm network. In addition to counting amongst our colleagues lawyers licensed to practice in some Latin American jurisdictions, we have relationships with top firms around the globe, including firms located throughout Latin America. Of course, where a client has an established relationship with local counsel, we are ready and able to work with that local counsel.