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28 Jan 2016

Anna Triponel, Shift

Article explains how companies can identify & address human rights risks in mergers & acquisitions

"How Companies Can Identify and Address Human Rights Risks When Structuring M&A Transactions", Jan 2016

Based on work with companies that are at the leading edge of efforts to integrate consideration of human rights into their M&A [mergers & acquisitions] processes, this article describes the notable differences between a traditional M&A process – one that seeks to identify and address risks to the company – and one that seeks to identify and address risks to people that play out throughout the M&A transaction. It describes the steps companies are taking to add the human rights lens when (i) identifying the issues to address in the course of due diligence, (ii) prioritizing the issues in preparation for contract negotiation and (iii) seeking to address these issues. Although the article is intended primarily for companies and their in-house M&A teams, it will also be relevant for law firms that are increasingly seeking to advise clients in this area as well as other stakeholders interested in advancing business respect for human rights. [Refers to American Sugar Refining, Brancote Holdings, Meridian Gold, Nokia, Iran Telecom, Tate & Lyle]