S. Drafting and Negotiating Cross-Border M&A Transactions

Course Information

Course Number
L9251
Curriculum Level
Upperclass
Areas of Study
Commercial Law and Transactions
Type
Seminar
Additional Attributes
Experiential Credit

Section 001 Information

Instructors

Section Description

This course is divided into two main parts. The first part of the course will consist of sessions structured as interactive lectures focused on the fundamentals of cross-border M&A transactions. The second part of the course will consist of sessions during which students will participate in a simulated auction for the sale of a division of a corporation that operates internationally.


As part of the simulated auction, students will be divided into one seller team and three bidder teams competing to purchase the target business. Depending on the circumstances, there may be a team representing lenders as well. The teams will negotiate the terms of a purchase agreement and towards the end of the semester, each bidder team will submit a binding offer for the business along with a markup of the purchase agreement. The seller will pick a winning bid. Before submitting the offer and before picking the winning bid, all teams will make a presentation to their board of directors / investment committee to obtain their approval. The class will have experienced professionals and board members serve on the simulated board.

School Year & Semester
Fall 2021
Location
JGH 646
Schedule
Class meets on
  • Wednesday
6:20 - 9:10 pm
Points
3
Method of Evaluation
Other
J.D Writing Credit?
No

Learning Outcomes

Primary
  • At the end of the course, students will have acquired understanding of and/or facility in transactional design and value creation
  • At the end of the course, students will have acquired understanding of and/or facility in transactional process; students will learn the typical progress of the various parts of a transaction, how and why participants behave as they do, and how to use creative thinking to improve transactional outcomes.
  • At the end of the course, students will have acquired understanding of and/or facility in various lawyering skills, for example, oral advocacy, legal drafting, negotiation, mediation, working collaboratively, client communication, and transactional theory and planning.
  • At the end of the course, students will have acquired understanding of and/or facility in use of other disciplines in the analysis of legal problems and institutions – namely corporate finance.

Course Limitations

Instructor Pre-requisites
None
Instructor Co-Requisites
None
Recommended Courses
None
Other Limitations
None