Business Law Bonus is a series of member-benefit CLE programs covering all things business law!
Earnouts in the Era of COVID-19: Best Practices for Designing Earnouts to Avoid Disputes
November 12, 2020
1:00 p.m. - 2:00 p.m. Eastern
In this uncertain environment after COVID-19, earnouts are likely to be used more frequently to bridge valuation gaps between buyers and sellers, and to make up a larger percentage of the purchase price. Earnouts, however, can be very difficult to design and implement, and often lead to disputes. An earnout that has been carefully designed by the parties is worth the upfront effort if it can avoid a dispute or lead to an efficient resolution. This webinar brings together the perspectives of veteran M&A attorneys with a dispute management director at SRS Acquiom. Our panelists will examine the components of a well-structured earnout and discuss best practices for designing earnouts to minimize disputes. This webinar will also include insights from the latest ABA Private Target Deal Points Study regarding earnout provisions in purchase agreements, and recent enforcement trends that SRS Acquiom has seen since the start of the pandemic.
- Paul Pryzant, Seyfarth Shaw LLP, Houston TX
- Suzanne Saxman, Seyfarth Shaw LLP, Chicago, IL
- Andrew Noble, SRS Acquiom, San Francisco, CA
Presented by: Mergers and Acquisitions Committee
Not an ABA member? Visit the ABA membership page or call 800-285-2221 to learn more about ABA dues.
The ABA will seek credit for this program in the states indicated on this page. The ABA will seek 1.5 hours of general CLE credit in 60-minute states and 1.8 hours of CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. Visit www.americanbar.org/mcle for general information on CLE at the ABA.
Audio, video, and materials from Business Law Bonus programs will available to Business Law Section members shortly after each webinar.
- Governance & Litigation Finance: What Board Members Should Know (September 15, 2020)
- Taxing Carried Interest - The Implications to US Fund Managers of Recently Proposed Regulations (September 8, 2020)
- Negotiating Effective Fraud Carve-Outs in M&A Deals (August 25, 2020)
- The Rise of Foreign Direct Investment Regulations and How It Will Affect Private Equity/Venture Capital Transactions (August 14, 2020)
- Basics of Corporate Venture Capital (August 7, 2020)
- An Introduction to Private Equity Fund Formation (August 4, 2020)
- Advising Boards on M&A Transactions in Times of Distress (July 17, 2020)
- Playing Nice in the Sandbox - CFPB's Office of Innovation and No Act Letter Policy (July 10, 2020)
- Making Sense Out of Make Wholes: Treatment of "Make Whole Provisions" in Bankruptcy (July 9, 2020)
- The CFPB Debt Collection Rule Is Narrowly Focused on FDCPA Covered Entities, Or Is It? (July 7, 2020)
- Cracking the CFIUS Code: Illuminating New Regulations Implementing the Foreign Investment Risk Review Modernization Act (June 26, 2020)
- The CCPA: Successes, Failures, and Practical Considerations for Compliance (June 16, 2020)
- Working with IRS Insolvency, or, How to Stop Worrying and Love Tax Issues in Bankruptcy (June 11, 2020)
- Transformational Leadership – Making a Difference with Social Entrepreneurship (June 8, 2020)
- Founder Coup Averted on Equitable Grounds: The Palisades Case (June 5, 2020)
- Employee Benefits and Executive Compensation Update (May 27, 2020)
- Navigating PIPE Transactions in the COVID Environment (May 26, 2020)
- Practical Guidance for Corporate Officers and Directors in Managing Cyber and Privacy Risks (May 19, 2020)