Mergers & Acquisitions

M&A transactions are among the most complex business activities from every perspective: financial, competitive, regulatory, and beyond. The bigger the parties, the more exponentially complex the transactions. From providing objective valuations and economic clarity to helping clients navigate regulatory investigations, Secretariat has a long history of advising both buyers and sellers in many industries in the U.S. and across the globe in some of the largest and most complex M&A transactions.

Addressing the Unique Nature of Merger & Acquisition Disputes

Few activities in the life of a business demand as much close analysis as an M&A transaction. From the time a company begins considering growth by acquisition, throughout the process, and even after closing, considerations arise that call for detailed economic analysis by highly skilled and experienced professionals. Secretariat is well-known for helping guide clients through the process from pre-acquisition/sale economics and market review, through any antitrust or other regulatory action, and post-transaction disputes if they arise.

When considering a merger, expert analysis such as Secretariat provides can mean the difference between a successful business combination or one that’s troubled from the get-go. A well-thought-out, structured, and financed deal can generate growth, market dominance, and entry into new markets. A hasty or ill-researched deal can have quite the opposite effect, diminishing shareholder value and increasing regulatory or legal risk. Our experts help determine if acquiring the proposed target make sound economic, market, and competitive sense. Before and throughout the transaction process, Secretariat experts use their experience to assist with the financial and economic analyses critical to deal negotiations, facilitating the development of sound transaction structures and financial agreements.

Determining the likelihood of antitrust action by federal regulators is equally critical. Our experts’ many years of experience at the Department of Justice and the Federal Trade Commission have equipped them well to assess the likelihood of government involvement in a contemplated transaction, enabling clients to make well-informed strategic decisions long before any transaction comes before regulatory authorities. We apply rigorous analytical methods to even the most complex data, including using sophisticated merger simulation techniques and game theory-based modeling to quantify likely competitive effects and then present economic arguments to the enforcement agencies, often helping to terminate investigations early in the process.

Even the most apparently well-considered and crafted business combination can result in conflicts, such as alleged breach of fiduciary duty, corporate governance disputes, material adverse change claims, insurance disputes, and other issues. Secretariat’s well-respected experts – on behalf of both buyers and sellers – have provided objective and thoroughly supported testimony as valuation or damages experts and in other capacities in many jurisdictions and arbitral forums in the U.S. and internationally.

Latest Insights

Explore Other Services

Antitrust & Competition

Courts and regulatory authorities around the world rely on our economic analysis to formulate and apply competition law.

Asset Tracing and Recovery

The ability to locate assets, establish clear lines of ownership, identify encumbrances, and evaluate recovery strategies is a critical element in many disputes and the resultant litigation cases.   There has long been tension between increasing global transparency around beneficial ownership, driven by recent legislation targeting financial crime and tax evasion, and the continued use […]

Auctions & Bargaining

From airwave spectrum rights to mineral rights and more, markets today depend on auctions, and potential bidders in these high-stakes auctions rely on sophisticated analysis and expert guidance to be successful.

Brokerage Compliance and Disputes

Secretariat provides expert broker-dealer advisory, regulatory compliance consulting, and litigation support, helping financial institutions navigate SEC, FINRA, DOJ, and other regulatory challenges.

Business Intelligence

Secretariat delivers actionable business intelligence, combining advanced research tools with our extensive global network of trusted local sources. Our expertise enables clients to uncover critical insights, mitigate risk, and make informed decisions in high-stakes situations. Our mission is to deliver strategic business intelligence with integrity, empowering clients to navigate complex challenges through trusted insights, rigorous […]

Class Actions

The ability to gather and distill the volumes of data often underlying a class action – and present a clear and meaningful analysis to courts, regulators, and others – is fundamental to Secretariat’s expertise.

Construction Delay

When projects are delayed, owners, contractors, designers, insurers, governmental agencies, and law firms across the globe trust Secretariat’s leading experts to provide their independent and rigorous analysis to help avoid, pursue, or defend costly disputes. Secretariat stands apart in how we articulate clear and concise opinions for even the most complex analyses.

Construction Fraud

Secretariat conducts in-depth investigations into fraud and misconduct in large-scale construction projects, leveraging forensic accounting, data analytics, and industry expertise to help clients mitigate risk, recover costs, and enhance compliance.

Construction Quantum

Assessing the cost impacts and complex challenges of major international construction and engineering projects requires unique experience and knowledge. No team excels in this arena like Secretariat.

Damages & Valuations

With proven skills in complex cases and exceptional strength in analytics, Secretariat experts provided extensive guidance on domestic and international matters involving commercial damages and disputes.

Data Analytics & Strategy

Secretariat’s experts and advisors address complex data challenges involved in disputes, investigations, and litigation.

Digital Forensics & eDiscovery

Our industry-leading expertise in digital forensics and eDiscovery delivers thorough analysis and seamless solutions for data-intensive legal and investigative needs.

Engineering Sciences

Across disciplines, regions, and industries, Secretariat’s highly-credentialed, collaborative engineering and scientific experts apply technical excellence and creativity to meet today’s most complex challenges.

Forensic Accounting

Secretariat’s highly experienced forensic accounting experts uncover financial misconduct and help resolve disputes with the investigative techniques necessary to analyze complex financial data, trace assets, and provide comprehensive reports and expert testimony, ensuring swift action with effective communication.

Independent Compliance Monitoring

Secretariat provides expert Independent Compliance Monitoring and Monitorship Consulting, offering strategic support for DOJ and SEC Monitorships, Deferred Prosecution Agreements and compliance program enhancements.

Intellectual Property

Secretariat’s experts have an unparalleled depth of experience providing analysis, opinions, and testimony in high-stakes patent litigation, proceedings at the International Trade Commission, and strategic advisory engagements. Our expertise in patents extends beyond litigation and disputes, to advising clients on licensing negotiations, valuation, patent monetization strategies, product forecasting, and launch analyses.

International Arbitration

Continuously ranked at the top of Global Arbitration Review’s Expert Witness Firms’ Power Index, Secretariat’s experts have a long history of providing the kind of insightful, objective analysis and highly persuasive testimony trusted in some of the highest value arbitrations across the globe.

International Trade and Sanctions

Secretariat assists multinational corporations and their counsel in conducting internal investigations, forensic analysis, and regulatory compliance reviews to address DOJ, OFAC, and BIS enforcement actions related to international trade and sanctions issues.

Investigations & Disputes

Suspicions or allegations of corporate misdeeds can cause tremendous harm and disruption to any organization. At Secretariat, our decades of experience drilling down to the facts can provide the confidence to know risks can be managed and challenges addressed and overcome.

Labor & Employment

Parties in labor and employment disputes – in cases brought by individuals or as class actions – depend on independent and verifiable economic analyses to support their positions. The experts at Secretariat have decades of experience analyzing claims, valuing damages, and turning large volumes of data into litigation support that clients and courts can readily understand and trust.

Mechanical Engineering

Courts and regulatory authorities around the world rely on our economic analysis to formulate and apply competition law.

Metallurgy & Materials Science

Metals, plastics, composites, and other engineering materials shape the modern-day world in which we live. From the steel used to build awe-inspiring skyscrapers and concrete supporting major infrastructure works, down to the elements that enable consumer electronics and nanotechnologies, we rely on materials in all ways big and small. While these materials shape the world […]

Regulatory & Public Policy

From telecommunications to energy issues, Secretariat’s economists and experts regularly advise companies and individuals navigating the world of complex regulations, enforcement, and rule-making.

Risk Advisory

Secretariat helps multinational companies manage risks and compliance challenges to protect their reputations, prevent disruptions to their operations and business relationships, and avoid regulatory scrutiny.

Securities & Finance

At Secretariat, our adept Securities and Finance professionals craft pragmatic strategies and rigorous financial and economic analyses tailored for law firms, financial institutions, corporations, and government agencies enmeshed in consequential legal battles.

test

Talk to Our Insightful Experts