With medical device related acquisitions at all-time highs, and regulatory interest intense from the Federal Trade Commission, the Food and Drug Administration, the Securities and Exchange Commission, and the Office of Inspector General for the Department of Health and Human Services, acquiring companies must exercise extreme diligence and due care in structuring, documenting and consummating acquisitions.

Conventional challenges with mergers and acquisitions include identification of suitable complementary targets, due diligence development and risk assessment, valuation and payment, optimal structure, liability exposure and tax treatment, assumed and excluded assets and liabilities, representations and warranties, pre-closing and post-closing covenants, closing timelines and conditions, and termination. There exists a well-established body of principles, terms and documents addressing these problems.

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