Deal Structuring & Negotiations

Our consultants develop a variety of deal options aimed at incorporating the parties’ interests and constraints, including the rationale for why a party would choose each option. Those options may range from M&A to joint ventures to arm’s length contractual arrangements. The focus of our work is to align our client (or all transaction parties) around a preferred option, which can then be further detailed and structured.

We draft, review, and revise term sheets on behalf of our clients. We also can facilitate term sheet negotiation by working on behalf of all parties, instead of just one party.

Our consultants will run the deal process either as a neutral party equally serving all parties associated with the deal or on behalf of one of the parties. We can oversee various workstreams, manage interdependencies among workstreams, keep the deal on an appropriate timeline, and work to drive the deal to completion in a timely, organized manner.  

Our team will benchmark your transaction against our extensive database of legal terms and our deal vault of comparable transactions. We find these tools to be invaluable in bridging gaps among counterparties on critical terms.

Our consultants will work with you to determine how and when to raise key issues. We will prepare you for those discussions, including having internal deal team meetings and generating materials to support the discussion. In the room, we can support your negotiating position by bringing relevant data, including our perspectives based on our experience, benchmarking analysis and database of comparable transaction. Alternatively, we can serve as neutral party, and focus on facilitation and driving the parties to a deal that has the best chance to succeed, while balancing all of their interests. If negotiating with multiple bidders/potential partners simultaneously, we would advise on how to use this competition to more favorable deals.