Buy-Side M&A Playbook

Written By Dayton Segard

This buy-side M&A playbook provides practical guidance for a company (Buyer) seeking to acquire a privately held company or business (Target) in the national security and critical manufacturing sectors. It highlights many key considerations and unique regulatory and operational nuances relevant to these transactions, and offers strategies that may help mitigate or manage risks, such as: ƒ

1. Statutory and regulatory compliance (e.g., Committee on Foreign Investment in the United States (CFIUS); Foreign Ownership, Control, or Influence (FOCI); export controls; FAR/DFARS; cybersecurity)

2. Protection of sensitive materials (e.g., classified, export-controlled, and Controlled Unclassified Information (CUI))

3. Government contract requirements (e.g., compliance, performance obligations, transfers, and novation)

4. Intellectual property developed under government funding, including any government-specific rights limiting exclusivity or valuation

5. Post-closing integration, focused on security, regulatory requirements, and operational continuity

Read our open-source playbook below:

Credits:

Steve Fisher, Partner and Co-Lead, Defense Innovation & Govtech, Fenwick

Patrick Grilli, Partner and Co-Lead, Defense Innovation & Govtech, Fenwick

David L. Hayes, Partner, Fenwick

Dayton Segard

I have been building websites & apps for over a decade and have done everything from providing middle-of-the-night on-call support to managing the development of insurance quoting apps.

Today, I build websites for businesses across a variety of industries and consult on website development, information architecture, and digital marketing strategy.

Regardless of size, my primary focus is helping businesses communicate their brand story—and connect with their audiences on the web—by creating engaging digital experiences.

https://thebookclubco.com
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