Representative Matters

Because government contractors in the US operate in a highly regulated environment, mergers and acquisitions involving government contractors raise compliance issues and business risks that are different from those in purely commercial transactions.  If a buyer does not meaningfully assess these issues and risks during the pre-closing diligence phase of an M&A transaction, it may acquire assets with hidden liabilities and, therefore, substantially diminished value.

Brad regularly helps companies identify and address issues in M&A transactions involving both US and foreign government contracts.  This work includes leading the underwriting diligence on behalf of insurance companies, which provides Brad unique insight into market trends, the appropriate scope and depth of diligence, as well as proven strategies for overcoming deal obstacles.

Brad’s representative government contractor M&A matters include the following:

  • Represented a top-five US government contractor in its US$275-million cross-border acquisition of a telecommunications division of another top-five US government contractor
  • Represented an Indian multinational technology company in its US$1.8-billion acquisition of certain computer software assets required to perform government contracts from a Fortune 50 information technology services company
  • Represented a top-five US government contractor in its US$2-billion cross-border acquisition of certain telecommunications assets from a division of another top-five US government contractor
  • Represented a mid-tier US government contractor working primarily in the defense and intelligence sectors in its acquisition of another US government contractor of comparable size specializing in the provision of imagery science, cyber analytic, and advanced technology research and development services
  • Represented a global consulting and technology services provider with more than 7,000 employees and operations in 70 countries in its US$255-million acquisition of a leading provider of cloud-based platform services to the US government
  • Represented a Fortune 20 multinational conglomerate in the spinoff of its healthcare unit, which serves foreign and domestic government customers, into a standalone company
  • Represented various Fortune 100 insurance underwriters in connection with the issuance of 100+ “representations and warranties” policies on M&A transactions involving government contracts