The Deal Drinks With The Deal: Freshfields' Ethan Klingsberg
Aug 19, 2021
Ethan Klingsberg, head of U.S. corporate and M&A at Freshfields, shares insights from his extensive career in corporate law. He delves into the rising pressures of antitrust scrutiny on dealmaking and highlights the need for corporate lawyers to proactively manage these risks. Klingsberg discusses how merger agreements must adapt to evolving regulatory landscapes, particularly in tech M&A, where innovation and investment are at stake. He also reflects on the vibrant summer atmosphere in post-COVID New York, focusing on the joy of socializing and community engagement.
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Ethan's Unique Career Path
- Ethan Klingsberg's path to corporate law involved litigation, a federal clerkship, and work in Hungary with George Soros.
- His early years mixed human rights, academia, and novel corporate deals in emerging markets.
Integrate Antitrust into Deals
- Corporate lawyers must actively integrate antitrust risk into M&A agreements, not delegate it entirely to antitrust specialists.
- Craft creative deal provisions that fix antitrust issues upfront and align with varying global regulatory regimes.
Antitrust Delays Frustrate Sellers
- Antitrust enforcement now frequently involves multiple jurisdictions, extending deal timelines into many months.
- Sellers dislike long delays and uncertainties, forcing buyers to innovate on antitrust strategies and communication.