Best Lawyers Near You in Birmingham, Alabama for Mergers and Acquisitions Law
Practice Area Overview
A merger or large acquisition is a significant event in the life of a company and its numerous constituencies. It can affect everyone from shareholders, directors and managers to employees, customers and communities.
Mergers and acquisitions lawyers play critical roles in how M&As are evaluated, structured and implemented. Also called business acquisition lawyers and acquisition attorneys, these legal professionals provide useful guidance throughout this complex process.
- M&As in the United States are governed by a dual regulatory regime, consisting of state corporation laws (e.g., the Delaware General Corporation Law) and the Federal securities laws (primarily, the Securities Act of 1933 and the Securities Exchange Act of 1934).
There are three primary types of M&A transactions:
- A merger, which is the legal combination of two separate entities under state law.
- “Stock deals,” which are the purchase of a business through the purchase of the owner or an interest in the owner of the business.
- “Asset deals,” which are the purchase of a business through the purchase of assets. Transactions can involve public or private companies. They may be on a hostile or friendly basis and may entail acquisition of 100% ownership, a controlling interest or a minority stake.
The legal environment for the public company merger and acquisition activity in the United States has changed dramatically over the last several years. This process of change continues apace.
M&A lawyers advise their clients to ensure the transaction is in compliance with federal and state laws. We work with our clients to evaluate the strategy and tactical advantage of a friendly versus hostile transaction.
M&A law firms represent their clients in negotiations on the structure of the deal, perform due diligence and assist with the terms of the contract. An M&A attorney has responsibilities that extend beyond merely negotiating the terms of the agreements. They play a key role across the entire process by which board decisions are made.
This includes board and management counseling throughout the process on legal obligations, evolving corporate governance standards and shareholder relations.
Understanding Mergers and Acquisitions
The mergers and acquisitions M&A practice area relates to two distinct processes that ultimately produce similar results. Namely, the consolidation of two organizations into a single entity.
Mergers refer to the coming together of two previously separate organizations. These combined companies establish a single business name and legal entity that represents their new structure.
Acquisitions involve one business purchasing another. The purchased business may eventually cease to exist as a distinct entity. It is absorbed by the organization that acquired it.
A hostile takeover is an example of an acquisition. However, acquisitions are not always adversarial.
There are a number of reasons why M&As occur. Businesses may want to gain access to innovative technology or intellectual property, among many other objectives.
Acquisitions are more common than mergers. However, the term merger is often used to refer to both processes in casual settings. Acquisitions are sometimes thought of as an aggressive or negative process.
Regardless of which definition applies to your company’s situation, an M&A lawyer can share their knowledge and provide support throughout the process.
The Potential Complexity of Mergers and Acquisitions
M&As involve due diligence, contract preparation and many other often complex processes. Negotiation can also require a significant investment of time and effort.
For very large businesses, the agreement may need to be reviewed by state or federal agencies. On the federal level, the Federal Trade Commission and the Department of Justice regulate this activity.
Similarly, international M&As can add additional layers of complexity to the process.
M&As are not common events for many business owners or decision-makers. However, these activities have very important stakes. They often involve significant financial transactions and substantially change the companies involved.
The best M&A law firms provide guidance throughout this complex workflow. They can offer support and guidance, from reviewing the initial letter of intent to assisting with the post-closing process.
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Todd Carlisle is a shareholder and former president (2015–2022) of Dentons Sirote in Alabama. He is a member of the Corporate practice group and leads the Dentons Sirote Mergers and Acquisitions team. His practice focuses on mergers and acquisitions and general corporate representation with an emphasis in the financial services and forest products industries. Todd represents national property/casualty and life insurance distribution platforms, broker-dealers, regional and national banks...
John H. Cooper is a shareholder in Dentons Sirote’s Birmingham, Alabama office, where he is a member of the Corporate practice group. As the previous managing partner of Dentons Sirote (formerly Sirote & Permutt, PC) (1999–2005; 2006–2015), John’s practice spans corporate, securities and tax law, with an emphasis on mergers and acquisitions, private equity and venture capital, securities, business and succession planning, corporate finance, corporate tax, directors...
John Gant is a partner in the Corporate Practice Group. He focuses on mergers and acquisitions, corporate, and tax law. John represents acquiring and target companies and their owners in planning, structuring, and executing business transactions. This includes asset and stock acquisitions, mergers, venture capital investments, and joint ventures. He advises clients with initial legal planning and analysis, developing appropriate structures, negotiating letters of intent, conducting due dilige...
Beau Grenier is a partner in the Corporate Practice Group and co-leader of the firm’s mergers and acquisitions and private equity team. He provides comprehensive legal and strategic counsel on M&A, capital raising, and other business transactions; securities matters; and corporate governance. Beau is a leading corporate and securities lawyer with more than 35 years of experience. For more than 17 years, he also served as the managing partner and board chairman for a diversified AmLa...
Judd Harwood focuses his practice on general and nonprofit corporate transactions and healthcare regulatory issues. Judd represents a wide range of healthcare clients in connection with mergers and acquisitions, joint ventures and physician alignment strategies, corporate reorganizations, private securities offerings, corporate governance, employment and independent contractor relationships and general corporate matters. His clients include health systems, hospitals and related healthcare fac...
Stuart has significant experience in mergers and acquisitions, with a non-exclusive emphasis on private equity transactions. He also devotes a substantial amount of time to assisting investment managers and family offices with regulatory matters. Stuart also represents numerous private equity portfolio companies and family-owned businesses with respect to general corporate matters.
Brad Neighbors is a partner in Bradley’s Banking and Financial Services Practice Group. He uses his experience in finance and law to counsel financial institutions in all aspects of the financial services industry, including regulatory compliance, vendor risk management, corporate governance, and M&A. His work also extends to representing insurance companies on regulatory and compliance matters. Brad serves a wide range of financial institution clients, from community banks to large...
Virginia Patterson's law practice focuses on the corporate, business and securities area. Virginia advises clients on a wide variety of business issues, including organizational matters, corporate governance, mergers, acquisitions and divestitures, debt and equity financing and securities law compliance. In addition, Virginia has considerable experience in the area of debt restructuring, securitization transactions, formation of domestic and international joint ventures, licensing, and domest...
Andy is a member of the firm's Corporate & Securities Practice Group and is co-chair of the Family-Owned Business Team. He advises public and private clients in connection with mergers and acquisitions, securities offerings, divestitures, joint ventures, corporate finance transactions, proxy contests and general corporate and securities law matters in various industries, including manufacturing and distribution, professional services, retail, real estate development, banking and financial...
Frederic's primary practice areas include mergers and acquisitions, business entity formations, corporate counsel, private equity transactions, financing transactions and securities offerings. Frederic's clients include healthcare services businesses, construction and engineering firms, real estate developers, diversified service and manufacturing companies, and government contractors. Frederic has substantial experience in transactions involving the construction materials, construction and c...
Michael Thomason advises public and private clients, from start-ups to large corporations, in the areas of business formation, mergers and acquisitions, investment and financing transactions, securities compliance, and a variety of other transactions and corporate matters. Michael advises companies on a broad range of issues affecting their businesses, including clients in banking and financial services, healthcare and healthcare technology, manufacturing, retail, media and entertainment, pro...
Tracy Thompson is a partner in the firm's Birmingham office. Her practice is concentrated in the corporate and securities area and includes mergers, acquisitions and divestitures, private placements of equity and debt securities, and general corporate advice. Most of her time is spent representing clients in stock or asset purchase or sale transactions and mergers. Tracy also regularly advises clients with regard to drafting and negotiating buy-sell, partnership and operating agreements, corp...
Alexander “Alex” Ash is an associate in the Corporate and Securities Practice Group. He assists clients in a broad range of corporate matters, including corporate structure, formation and reorganization, contract negotiation, securities offerings, and mergers and acquisitions. Alex also advises broker-dealers with formation and registration with the Financial Industry Regulatory Authority (FINRA), as well as ongoing compliance support for investment advisers and broker-dealers. Al...
Danny Feltham has significant experience in advising privately held and publicly traded companies on a broad range of transactional matters, particularly in mergers and acquisitions, private equity and venture capital transactions, joint ventures, corporate reorganizations and general corporate matters. Danny also serves as outside general counsel to venture capital funds, private equity portfolio companies and family-owned businesses. He has participated in numerous transactions across indus...
Haley Hogue is a managing associate in Dentons Sirote’s Birmingham, Alabama office, where she is a member of the Corporate practice group focusing on assisting clients in a broad range of corporate matters, including corporate structure and mergers and acquisitions. Haley graduated cum laude from the University of Alabama School of Law with her JD. During law school, Haley served as both Managing Editor and a Junior Editor of the Law and Psychology Review and was the Secretary of the Be...
John Morson is a senior managing associate in Dentons Sirote’s Birmingham, Alabama office where he is a member of the Corporate practice group. John’s areas of practice include corporate law and mergers and acquisitions. John graduated from the University of Alabama School of Law as a Dean’s Scholar and a member of the Law and Economics Society. He graduated summa cum laude from Auburn University with BA in history. During his undergraduate years, John received a Presidentia...
Butler is an associate in Bradley’s Corporate and Securities Practice Group. His practice is focused on advising public and private clients in a variety of corporate transactions, including mergers and acquisitions, joint ventures, private equity transactions, business entity formation, securities offerings, financing transactions, and corporate reorganizations. Butler graduated from the University of Virginia School of Law, where he served on the editorial board of the Virginia Law Rev...
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