HomeHealth LawSheppard Mullin 10 Methods to Screw Up Your Deal

Sheppard Mullin 10 Methods to Screw Up Your Deal

Sheppard Mullin and Jarrard co-presented 10 Methods to Screw Up Your Deal, a webinar discussing the pitfalls that may sabotage a deal and finest practices to keep away from them. Right here’s a hyperlink to the webinar: 10 Methods to Screw Up Your Deal | Sheppard Mullin and a abstract of the webinar’s takeaways.


  1. Construct the aircraft when you’re flying. If a deal is vital sufficient to do, then it’s vital sufficient to do the preparatory work earlier than you launch the negotiations.
    • Doing all of your homework, setting lifelike targets and limits, and surveying the setting and variables that may influence a deal are vital first steps to take when contemplating a transaction.
    • These steps embody defining what “success” actually means, conducting preliminary inside diligence and operational polish to remove issues and deal delays, understanding the events’ historical past and tradition, and, importantly, contemplating your technique associated to labor unions, antitrust regulators, state attorneys basic, and different governing our bodies. As well as, know your key contract renewal dates so that you just don’t wind up renegotiating a crucial payor or supplier settlement below the scrutiny of your transaction companion.
    • In case you have dangerous information to share – investigations, litigation, opposed enterprise adjustments – disclose fully whereas the client is apprehensive about competing bidders. Holding it again can break belief and imperil the time and assets you will have invested.
  2. Fail to acknowledge you’re in a political marketing campaign. Well being care is all the time political at a number of ranges, and profitable healthcare transactions ought to be considered as political campaigns you wish to win – requiring tact, technique and a transparent narrative that goes past maximizing ROI.
    • Keep in mind that your main constituents are all the time “voting.” Physicians vote with their referrals. Nurses vote by altering jobs or organizing. Involved sufferers name their Consultant. Companies change their well being plans.
    • The important thing to a profitable marketing campaign and transaction is to acknowledge the influential constituent teams and to leverage the highly effective feelings concerned within the healthcare business to craft a compelling message that resonates in any respect ranges and explains the advantage of the transaction.
  3. Put your cash the place your mouth is. Earning money and the necessity for “scale” the story of your transaction shouldn’t be a profitable method, particularly in these politically charged occasions.
    • The healthcare business and its leaders are the topic of quite a lot of scrutiny from regulators and customers, with many satisfied that suppliers prioritize income over sufferers. This inherent skepticism means healthcare organizations contemplating a transaction ought to develop a communications and political technique that appropriately frames the context of the deal and the meant purpose earlier than, throughout and after the deal course of.
    • Lay the bottom work with the appropriate communications and engagement to melt the bottom for what you wish to obtain. Talk the enterprise rationale drivers persistently and infrequently earlier than the deal is introduced.
  4. Deal with your individuals like mushrooms. Nothing creates and motivates opposition to a transaction like opaque communication and conserving individuals at the hours of darkness.
    • Accountable transparency – the correct amount of sunshine on the proper time – is crucial to a deal’s success. Plan out what to reveal early on and what later, and why.
    • Select the appropriate trusted messenger to foster an accepting setting. At all times put together for pushback. Being proactive can truly flip people who find themselves detractors originally into advocates. The ability of “I used to be in opposition to this however now I’ve realized extra and consider it’s the appropriate factor” is actual.
  5. Neglect to maintain your pals shut, and your enemies nearer. A good friend could not all the time be a good friend, and an enemy – these whom, at first blush, would possibly derail your deal — could not all the time be an enemy.
    • Hunt down and hear to each key stakeholder to construct belief and create allies and totally perceive the political panorama
    • Keep in mind that positions can change when {dollars} get massive or offers get private. And it’s all private. Like all of us, people fear first about their employment, their place of respect, their earnings and their relevance. So hear, present respect, clarify how the deal will work and create allies.
  6. Dance to someone else’s music. At all times keep on message.
    • Stay accountable for your deal message. Don’t enable others to shift the main focus away to their most well-liked battleground.
    • Anticipate the criticism – for each deal has its critics – and plan handle it whereas remaining on message. Staying proactive – and never permitting your group to be strategically distracted by destructive voices — permits your group to stay in management and the voice of reasoned authority.
  7. Ignore your deal killers. Assess regulatory danger earlier than starting a deal and develop mitigation methods for potential deal killers, together with regulatory overview delay.
    • With latest steerage adjustments from the Federal Commerce Fee and Division of Justice, new state merger overview legal guidelines, and lively state attorneys basic, there may be rising uncertainty about regulatory dangers for each horizontal and vertical offers. Take into consideration what you’ll be able to share upfront with the antitrust regulators that may assist them to higher perceive and scope the chance and good thing about your transaction.
    • Make regulators’ lives simpler by doing their homework for them. Take the chance to supply your enter on the business and supply work product they’ll use to successfully talk to their supervisors and stakeholders. Management your personal message.
  8. Make an epic mistake. Don’t implement or convert a significant know-how system throughout a transaction. Bear in mind Murphy’s Legislation: something that may go incorrect, will go incorrect.
    • Massive scale adjustments to main know-how techniques are difficult and will trigger inside issues, distract staff, and end in diminished efficiency throughout crucial levels of the deal course of. Until the primary motive for the transaction is to finish an IT system conversion and get entry to mission-critical know-how, it’s best to give attention to the transaction as an alternative of overloading your workforce and dividing consideration.
  9. Squirrel! Don’t get distracted or lose sight of your deal technique. Many points will come and go over the course of a transaction course of, every demanding consideration. Deal with these points worthy of your time, however don’t lose sight of the deal itself; drive the dialog again to your message and to what motivates your constituents.
  10. Neglect your Backup Parachute. Don’t assume that simply since you begin a deal that you’ll shut that deal.
    • Many offers don’t shut. Having a minimum of one viable contingency plan gives your group an vital security web, in addition to leverage in your deal negotiations. With out a viable various, your limits could also be pushed till you’re not negotiating a transaction, however negotiating your phrases of give up.

These are ten methods to screw up your personal deal, however there are numerous extra. In at present’s regulatory and social local weather, profitable transactions demand the appropriate staff, efficient preparation, communication methods and constant dedication to the final word purpose. Should you missed the webinar or need extra element or examples illustrating the above methods to screw up your deal, we encourage you to look at the recording of the webinar by way of the next hyperlink: 10 Methods to Screw Up Your Deal | Sheppard Mullin.

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