The global outbreak of the novel coronavirus
("COVID-19") is currently changing
– and will continue to change – the way people and
businesses operate, as well as the way private M&A practice is
being conducted now and most likely moving forward.
In M&A transactions, we have become very accustomed to
certain transaction processes and deal mechanics, including ease of
access to a target's business, assets, facilities, and
management team and their advisors when conducting primary and
confirmatory due diligence. While COVID-19 has made this typical
type of access all but impossible, it is also likely that COVID-19
will have a significant impact on other material aspects of M&A
deals and purchase agreements as the pandemic continues to unfold
and its impacts become more fulsomely understood.
