Deal Us In

Halloween is a spooky season known for ghost stories and other terrifying tales. At first blush, recounting transactional law tales may not fit that bill, but this episode may just change your mind. While transactional attorneys see their share of intense and stressful scenarios, what litigators see a year or two down the road when the dust settles may just frighten you.

Imagine this, you’ve prepared your case for months or even years, the exorbitant costs of litigation and discovery growing larger by the day, now you’re facing the grim reality that not only does your client owe 15 million dollars, the judge just trebled the damages…and ordered your client to pay the opposing party’s attorneys’ fees. Tell me that’s not enough to keep you up at night.

Jodie examines the heightened damages provisions of certain state statutes related to securities deals and how they can be used as leverage by threatening litigation related to a stock purchase agreement. Therefore, when considering a stock purchase, it’s imperative that you carefully contemplate the deal, the state you’re transacting the deal in, and whether a state securities act could be implicated.

Seasoned attorneys know that definitions in agreements are often fodder for litigation. One such definition is “proceedings.” Both buyers and sellers should negotiate carefully around definitions. Attorneys on both sides may end up going to the mat over what specifically constitutes a “proceeding.” Chilling stuff.

Typically, when you think about exiting an investment, you think about getting the broadest possible release. Think twice before you do that. There are times where, depending on which point and time you’re at, there are different people and entities that are associated with the corporate structure. And, if you broadly include affiliates in a release, you can end up in a terrifying situation where you’re later sued related to your participation in that potential investment. Worse, you may end up on the other side of an argument that you unwittingly, through your release language, released the other side from any and all liability.

Listen to this episode for more unnerving anecdotes involving the employment eligibility of workers, including Form I-9s, and related PPP issues. Both Susan and Jodie always recommend having an eye for detail in these kinds of situations, check strict time frames, fill out forms properly, and use experienced deal counsel to help you avoid any scary situations.  

Thank you for joining us at the table for this episode of Deal Us In. We invite you to join the conversation by using our #Dealusinpodcast on Twitter or LinkedIn.

If you have a recommendation for an inspiring interviewee, a question you’d like us to ask, or a topic you would like to hear covered, or if you’d like to tell us about women-focused initiatives in the field, please go to our website at www.DealUsInPodcast.com. We look forward to hearing from you.

This podcast was recorded and is being made available by McGuireWoods for informational purposes only. By accessing this podcast, you acknowledge that McGuireWoods makes no warranty, guarantee or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of McGuireWoods. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be construed as an offer to make or consider any investment or course of action.

The private equity and investment banking spaces of the finance industry are often perceived as a ‘boys club,’ comprised mainly of male associates. However, as more women occupy this sector, it becomes imperative for companies to strengthen policies that are unique to women who would like to start a family while pursuing a career.

In this episode of Deal Us In, 7 Mile Advisor’s Ariail Barker speaks with Main Street Capital’s Business Development and Marketing Manager, Molly White, about maternity leave policies in the finance industry. They share their personal experiences in their respective firms, as they will both be going on maternity leave soon. They stress the importance of businesses, irrespective of size, being aware of maternity regulations and examining whether their current policies are appropriately accommodating and flexible for employees. Top management should encourage a culture that supports leaves of absence and actively combats stigmas associated with taking time off. 

If you’re planning to take a leave of absence, Molly shares strategies and tips to help prepare your team to operate efficiently during your time away, including creating contingency plans and performing test runs. Molly also suggests designing systems for potential scenarios that your team may encounter and ensuring that they are equipped with the tools to be productive during your absence. Ariail adds, “You obviously want to make everything as seamless [as possible] so that you can step away and then be able to step back in and know that your team didn't lose productivity during that time.” (20:26)

Further, they recommend keeping the lines of communication open during your leave, reassuring your team that you’re still there to support them. To ensure everyone is on the same page, it’s essential to communicate expectations clearly to the firm’s partners and your immediate supervisors.

They also discuss the COVID-19 pandemic and the effect it has on the finance industry. Molly talks about an escalation of more flexible scheduling and remote work, with options provided to employees. For many companies, the pandemic has led to the recognition that teams can be productive even outside the office, with growing trust that critical duties can still get accomplished in the comforts of a home office. 

To cap off the episode, Molly reveals the piece of advice that she would share with her younger self – have patience. It takes time to position yourself for success, so be careful in making rash decisions and abruptly reacting to things happening in your life.

If you have questions about today’s conversation, please feel free to reach out to Molly White at [email protected] or Ariail Barker at [email protected].

Thank you for joining us at the table for this episode of Deal Us In. We invite you to join the conversation by using our #Dealusinpodcast on Twitter or LinkedIn.

If you have a recommendation for an inspiring interviewee, a question you'd like us to ask, or a topic you would like to hear covered, or if you'd like to tell us about women-focused initiatives in the field, please go to our website at www.DealUsInPodcast.com. We look forward to hearing from you.

This podcast was recorded and is being made available by McGuireWoods for informational purposes only. By accessing this podcast, you acknowledge that McGuireWoods makes no warranty, guarantee or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of McGuireWoods. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be construed as an offer to make or consider any investment or course of action.

Seeing women in business and leadership roles is the norm, demonstrating a significant societal shift over the last decade when it comes to females in the corporate world. Many women are pursuing careers in previously male-dominated professions, including highly-specialized and niche arenas, including forensic accounting in M&A transactions. While in the past women were a rarity in this field, more female voices are joining the table and establishing themselves in leadership positions.

In this episode of Deal Us In, McGuireWoods’ Kelsey Hitchcock is joined by Christen Morand, an Ernst & Young partner handling fraud investigation and dispute services practice. The discussion examines how the culture for women has evolved over the past ten years, particularly in complex industries such as M&A. Christen shares her experience as an accounting arbitrator, positions historically filled by men.

Christen goes on to discuss moving beyond a focus on gender and encouraging more diversity and inclusion in the workforce. It’s essential to create a sense of belonging, a hospitable environment where everyone feels like a valuable member of the team. The downstream effects can also be valuable for the business, as your clients know they can rely on a team that represents a variety of unique perspectives and backgrounds.

One primary strategy that Christen employs to promote the advancement of women and diverse people in the organization is to initiate individual or group conversations. During these conversations, she challenges her peers to examine their mindset and check their own biases. While these conversations are likely to be uncomfortable, they are necessary.

While an increase in women in business is a positive development, Christen accentuates the need for women to pursue top leadership roles in their companies, modeling that it is possible to go all the way to the top. To show to women and young girls that it is possible for them to be a CEO, chairperson, or entrepreneur, to be an inspiration for the next generation of women. And, never be afraid to go outside of your comfort zone and ask for opportunities and challenges to demonstrate your talents and abilities. 

Thank you for joining us at the table, for this episode of Deal Us In. We invite you to join the conversation by using our #Dealusinpodcast on Twitter or LinkedIn,

If you have a recommendation for an inspiring interviewee, a question you’d like us to ask, or a topic you would like to hear covered, or if you’d like to tell us about women-focused initiatives in the field, please go to our website at www.DealUsInPodcast.com. We look forward to hearing from you.

This podcast was recorded and is being made available by McGuireWoods for informational purposes only. By accessing this podcast, you acknowledge that McGuireWoods makes no warranty, guarantee or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of McGuireWoods. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be construed as an offer to make or consider any investment or course of action.

Modern times have shown significant changes when it comes to women in the workplace. More females are getting promotions and career advancements compared to decades ago. Companies are implementing programs that not only support women but also promote diversity and inclusion in the workplace. And, while notable gaps remain, the climate for women in the workplace is consistently improving.

In this episode of Deal Us In, McGuireWoods’ Phyllis Young speaks with Yasmin Huebinger, Senior Vice President with Capital One. Yasmin discusses her personal experiences as a career woman and a leader in her institution. She shares a number of factors that have contributed to her success, including cultivating the ability to remain calm and focused even in times of high stress. When conducting deal transactions remaining focused is paramount, along with possessing emotional intelligence – a quality too frequently missing in professional settings.

Yasmin also provides pointed advice to those committed to increasing the number and visibility of women in their firms. Research has consistently established that a more diverse workforce yields higher financial returns, at times surpassing the industry average. Instead of obsessing over attracting the best candidates, companies should double down on retaining talent by providing better benefits and encouraging work-life balance.

She shares strategies that can help women advance in their organization, which she boils down to two points: being willing to ask for what you want and being more proactive. Yasmin emphasizes the importance of building relationships and being vigilant about acquiring mentors/sponsors who will speak on your behalf and advocate for you when opportunities arise. More women in leadership means more influence on critical decisions that can address issues including gender inequality and the gender pay gap.

The discussion wraps up with Yasmin providing advice to her younger self, which is to not be afraid to take more risks. And, to stop worrying about money, that part will work out in the end.

Thank you for joining us at the table, for this episode of Deal Us In. We invite you to join the conversation by using our #Dealusinpodcast on Twitter or LinkedIn.

If you have a recommendation for an inspiring interviewee, a question you’d like us to ask, or a topic you would like to hear covered, or if you’d like to tell us about women-focused initiatives in the field, please go to our website at www.DealUsInPodcast.com. We look forward to hearing from you.

This podcast was recorded and is being made available by McGuireWoods for informational purposes only. By accessing this podcast, you acknowledge that McGuireWoods makes no warranty, guarantee or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of McGuireWoods. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be construed as an offer to make or consider any investment or course of action.

The COVID-19 pandemic has changed the way we live, work, and go about our day-to-day lives. With more cities and states implementing stay-at-home policies for its citizens, law firms are crafting unique business continuity processes, particularly in the M&A space. Although the quantity of deals has decreased, buyers and sellers remain interested in conducting transactions despite the current crisis.

In this episode of Deal Us In, hosts Ann Dorsett and Ariail Barker speak with Amber Walsh, a McGuireWoods partner and co-leader of the company’s Women in Private Equity and Finance Initiative. She goes in-depth on the logistics of deal-making and reveals you can help your clients close deals from home or anywhere. She also provides valuable tips for those less accustomed to remote work, including cultivating self-discipline and making the effort to stay connected to colleagues and clients. She also discusses the practice of shifting transactions and processes to the digital and virtual space as well as utilizing online tools and technology.

When it comes to risk management, a new market is burgeoning from the pandemic. Amber discusses some new things that may be introduced, such as concepts of fairness and novel purchase agreement terms. It’s also important to consider how much risk a seller should bear in these deals and how financial relief provided to companies can affect the transaction.

Another key takeaway from the episode is Amber’s advice to her younger self, “I wish I could go back and tell [myself] to expect ups and downs in your career… to just relax. It’ll come back, work through it, power through, rely on your mentors, rely on your support system, and you’ll figure it out in the same way that you always have, and you will be back on the upswing soon.” (32:19) 

Thank you for joining us at the table, for this episode of Deal Us In. We invite you to join the conversation by using our #DealUsInPodcast on Twitter or LinkedIn.

If you have a recommendation for an inspiring interviewee, a question you’d like us to ask, or a topic you would like to hear covered, or if you’d like to tell us about women-focused initiatives in the field, please go to our website at www.DealUsInPodcast.com. We look forward to hearing from you.

This podcast was recorded and is being made available by McGuireWoods for informational purposes only. By accessing this podcast, you acknowledge that McGuireWoods makes no warranty, guarantee or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of McGuireWoods. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be construed as an offer to make or consider any investment or course of action.

The private equity and finance industries have evolved significantly in recent the years. While the increasing availability of information has led to a faster pace, we’re also seeing more women occupying leadership roles, and being recognized for their skills and efforts – something that was far less common a decade ago. 

Deal Us In is a new podcast produced by McGuireWoods and 7 Mile Advisors, which aims to promote the advancement of women as critical leaders in private equity and finance. Through relatable conversations with professional women, especially those in under-represented corporate leadership positions, this podcast will highlight the importance of inclusion and diversity in the legal practice.

On the inaugural episode of Deal Us In, hosts Kelsey Hitchcock, Ann Dorsett, and Phyllis Young from McGuireWoods, along with 7 Mile Advisors’ Ariail Barker discuss their individual backgrounds and what led them to the private equity industry. They touch on the differences between transactional work and litigation, mentioning how deals and negotiations of the former are conducted and how being a transactional lawyer is a way of life. And now, women are not only more visible, but are stepping up to higher roles in law firms.

They conclude by sharing a piece of advice they would give their 22-year old selves, advice that is applicable to any young female in the legal industry. Women’s voices matter, and you should be comfortable taking risks, speaking up, raising issues, and proposing solutions when needed. Trust yourself more and spend less time trying to please other people.

A valuable takeaway from Kelsey, Ann, Phyllis, and Ariail, is that women can be women and still get ahead, without needing to act like ‘men.’

Thank you for joining us at the table, for this episode of Deal Us In. If you have a recommendation for an inspiring interviewee, a question you'd like us to ask, or a topic you would like to hear covered, or if you'd like to tell us about women focused initiatives in the field, please go to our website at www.DealUsInPodcast.com. We look forward to hearing from you.

This podcast was recorded and is being made available by McGuireWoods for informational purposes only. By accessing this podcast, you acknowledge that McGuireWoods makes no warranty, guarantee or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of McGuireWoods. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be construed as an offer to make or consider any investment or course of action.

Welcome to Deal Us In, a podcast brought to you by McGuireWoods and 7 Mile Advisors. Deal Us In promotes the advancement of women in private equity and finance through conversations with women leaders and rising stars in the private equity and finance space. These conversations provide both insights and practical takeaways to inform your deal work and enhance the culture of your organization. If you’re ready to drive the industry toward a more inclusive and diverse environment then, it’s time to come to the table.

If you have a recommendation for an inspiring interviewee, a question you’d like us to ask, or topic you would like to hear covered, or if you’d like to tell us about women-focused initiatives in the field, please go to our website at www.dealusinpodcast.com. We look forward to hearing from you. 

This podcast was recorded and is being made available by McGuireWoods and 7 Mile Advisors for informational purposes only. By accessing this podcast, you acknowledge that McGuireWoods and 7 Mile Advisors make no warranty, guarantee or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of McGuireWoods or 7 Mile Advisors. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be construed as an offer to make or consider any investment or course of action.