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In this Corporate Counsel article, partners Jeannie Shin and Daniel Forester and associate Kyle Zhu broke down the considerations for crafting M&A agreements in the volatile crypto market. The article relied on a unique analysis of 29 M&A publicly available agreements that address crypto.
The article provided practical guidance for practitioners in deals where cryptocurrencies or digital assets comprise a material portion of the target’s value.
“Crypto provisions in M&A agreements highlight areas of concern for businesses today – and provide clues to how the crypto M&A landscape will change,” the article concludes. “The evolution may follow a path we saw after the birth of the internet, when rapid growth transformed once-novel provisions – like software and open-source representations – into standard fare for M&A agreements.”