An issue impacting M&A is the involvement of Attorneys. This can appear in several forms, but it runs a high risk to schedules and morale. Counsel for each company is going to look over your shoulders every step of the way on some aspects of the deal. Once an objection or issue is raised, everything may have to stop until it is resolved. Don't overlook the possibility that with outside counsel that there may be an inherent rivalry, possibly even animosity. Your mission is to find a seam where you can push forward avoiding the issue in question. Warnings will need to be given to management that the outcome of the dispute may ultimately impact the progress of the project.
While that is a possibility, neither side has any vested interest in stopping the deal, just re-aligning it. A more troublesome issue is where there is a union, or multiple unions involved who's intertest may be to kill the deal on behalf of their members or argue about process to benefit their members.
You will probably be working for one of the parties. Make sure that everything goes through your side's attorney and build a delay at those steps.
With Unions, I schedule one of my first meetings with Union Counsel and or Stewards even before some levels of management. Determine what their concerns are and see if you can accommodate as much as you can. Appoint Union reps to your team to give them a sense of ownership and cross your fingers
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Frank Gorman, Former ACMP Board Member, Transformation Consultant
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