Acquisitions

Our Bankruptcy, Restructuring and Commercial Law attorneys have extensive experience representing buyers and sellers in acquisitions involving insolvent and bankrupt entities.  We assist clients in purchasing entire businesses, or select assets from distressed businesses, both in and out of bankruptcy court proceedings.  Our expertise includes negotiating break up fees and overbid protection for stalking horse bidders.  Our clients have included buyers and sellers of intellectual property, equipment and machinery, real estate, contract rights, receivables and other intangible assets, as well as inventory and works-in-progress.

Mintz Levin brings a multidisciplinary approach to these transactions which can involve complex corporate, intellectual property, health care, real estate, environmental, commercial, tax, regulatory issues, depending on the industry and parties involved.  In conjunction with our Business and Finance Section, our attorneys have represented a wide variety of clients in many different jurisdictions throughout the United States and internationally, including venture capitalists and debtors-in-possession, in all phases of such transactions from financing and establishing an acquiring entity, through due diligence, document negotiation, court proceedings, and closings.

Our experience includes domestic, international, and cross-border insolvency and bankruptcy acquisitions. We have extensive experience in dealing with issues that frequently arise in bankruptcy sales, including bidding strategy, structuring the bankruptcy auction, access to employees both before and after the sale and techniques for minimizing successor liability risk.