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John Dickey Authors Guide to Top Ten Issues for Cross-Border M&A and Strategic Investments

Article Appears in April 2014 Issue of Metropolitan Corporate Counsel

March 24, 2014

John C. Dickey, Dallas-based member of Dykema’s Corporate Finance practice whose experience includes mergers and acquisitions, joint ventures and partnerships, authored an article—“Top 10  Issues for Cross-Border M&A and Strategic Investments in 2014”—that appears in the April 2014 issue of Metropolitan Corporate Counsel, a monthly publication distributed to more than 30,000 top-tier executives (chief legal officers, general counsel) in the law departments of major U.S. companies.

In the article, Dickey presents his list of top ten issues that should be identified, assessed and skillfully handled to assure a successful cross-border transaction. Two of the issues that Dickey flags:

  • Political considerations. Beyond the simple assessment of whether the target company is in a sensitive industry and/or owned or financed by a foreign government, Dickey reiterates the importance of vetting concerns of all interested parties—federal, state and local government agencies, employees/unions, suppliers, customers and communities—before the deal is struck. This, to guard against later surprises.
  • U.S. Attorney-Client Privilege. This feature, generally extended by U.S. courts to in-house counsel, may not hold in all foreign countries. In cross-border transactions, this privilege can be inadvertently waived. Dickey points out that care must be taken in advance—by implementing such precautions as protecting communications with non-legal consultants and keeping legal advice oral (rather than being emailed)—to ensure security in those countries where in-house counsel may not apply. 

To read this article in its entirety, click here.