Library

A framework for understanding your private equity client’s business in order to help protect their interests. This course discusses what PE clients are concerned with during three stages of an investment—the acquisition phase, the holding period, and the divestment phase. It looks at valuing a target, maximizing returns, operational improvements, and exit strategies.

A walkthrough of the principal documentation on a UK private M&A deal, explaining the key provisions in the sale and purchase agreement as well as the parts of a disclosure letter.

Cash flow is fundamental to a company’s ability to stay in business. This course explains cash flow statements and how they’re used to track cash from a company’s operating, investing and financing activities.

Explains the function of limitation of liability provisions in agreements. Also examines a sample clause and discusses its important concepts, including limits on types of damages, limits on the amount of damages, how caps work, and carve-outs.

An advanced discussion of motions to dismiss for failure to state a claim (in state or federal court), including planning your motion, developing your arguments, and procedural tips—whether you're the moving or opposing party.

A discussion on buyer and seller perspectives regarding the issue of sandbagging. Features ABA M&A Committee members Nate Cartmell from Pillsbury LLP and Lisa Hedrick from Hirschler Fleischer PC.

Explains three critical issues for a company as it goes through a bankruptcy case: the methods of financing available to the company, the process and procedure of bankruptcy litigation, and how contracts and leases are dealt with when a company goes through a restructuring.

Explains key legal, business, and drafting issues for the most common terms and provisions that appear in day-to-day commercial agreements. This track covers force majeure, indemnification, limitation of liability, notice, publicity, reps & warranties, schedules and exhibits, severability, survival, and term and termination provisions.

An introduction to finance and accounting basics including valuation, statistics, data visualization, and where to find financial information about a company. This track also provides an introduction to Excel and explains how to perform present and future value calculations.

This track takes a look at the typical loan transaction process. This includes an overview of what it means to be a lending attorney, how a commercial lending deal team is typically structured, the main stages of a typical transaction, the due diligence process, the attachment and perfection process for security interests, the use of financing statements under the UCC, and the closing of the loan transaction.

This track explores how private equity deals are financed, how management incentives are structured, and the strategies funds use to create value.

Rules, procedures, tips and strategic considerations for taking and defending expert depositions. This track covers qualifying as an expert, expert and rebuttal reports, witness prep, questioning techniques, attorney-client privilege, and more.