Library Guides: Start-Up Law: Secondary Sources

Books and Treatises

Anatomy of a Merger by James C. Freund
ISBN: 1588520005
Publication Date: 1975-01-01
A Classic. While I was a summer associate, a partner told me that even though the tax advice was no longer correct, this book was worth reading. I agree; I had to look up a few words and colloquialisms that have gone out of style, but the writing is intelligent and witty and the advice on how to handle merger negotiations is still very relevant. It is available on Amazon and some libraries may have it.
The Acquisition and Sale of Emerging Growth Companies: The M&A Exit by E. Thom Rumberger Jr., et. al.
Publication Date: 2012
This looseleaf is a must-have for a new start-up attorney doing any merger or acquisition work. First, it is precisely on point because it discusses the issues relating to emerging growth companies. Second, it walks a new practitioner step-by-step through the transaction with each chapter representing different issues like securities law, due diligence, employment matters, and intellectual property issues. It also includes a case study and an overview of a merger agreement should look like. What more could a new practitioner ask for? The focus on venture capital combined with the example case study and documents makes this a great choice for new attorneys. The hyperlink is to the table of contents on Westlaw.

Online Sources

Private Mergers: Overview - This lengthy Practical Law Company articles guides practitioners through every step of a private merger while explaining issues, timing, and documents. This article, Public Mergers: Overview does the same thing with a public merger and Asset Acquisitions: Overview goes through an asset acquisition step-by-step, explaining relevant considerations (including taxes), necessary documents, and important timing issues.

Bloomberg Law has a through article called "Primer on Mergers and Acquisitions" under the Corporate Transactions tab in the Portfolios and Treatises box at Mergers & Acquisitions. It is particularly useful to brush up on (or learn) the different types of mergers (i.e., reverse triangular merger). The article also explains policy arguments, applicable laws related to mergers and acquisitions.

For additional sources, visit Harvard Law School's Merger's and Acquisitions LibGuide. This LibGuide focuses solely on mergers and acquisitions and has compiled documents, online tools, secondary sources, relevant primary law, and much more!