O'Toole Atwell, PC Serving Clients In Texas & Colorado For OVER 20 Years
Business & Commercial Litigation
Phone 512-475-4740
Our Practice Areas

Succeeding in mergers and acquisitions

The primary job of a Texas company's CEO is to apply the correct values and visions to company strategies. Mergers and acquisitions are tactics rather than strategy, and the failure of executives to see that they must must fit the overall strategy leads to transactions that are unsuccessful. According to a study by KPMG, 83% of M&A deals failed to increase returns to shareholders. Entrepreneurs and company leaders can avoid the typical pitfalls by owning the values and the vision of a merger.

Owning the values means recognizing that company values are at the heart of any merger deal. Bringing two companies together requires that they share culture, or that their cultures can be successfully melded. At bottom, the path to cultural merger is about strategy. The first step is to target M&A deals that have the potential to enhance already-established strategic decisions. The second step is to target companies that match up with regard to company culture as well.

Owning the vision means recognizing what drives the company's overarching strategy. It can be only one of production, service, delivery or design. Decision makers should be careful to avoid being seduced by pitches that stress complementary strengths, scaling, new market access or new products. Each of these pitches in their own way may subtly mask what are potentially disastrous failures of fit. Complementary strengths, for example, can really mean the companies have wildly different strategies.

An attorney with experience handling these types of transactions might be able to help management weigh the proper factors in making decisions. Mergers are a complicated process, and extensive due diligence should be performed well before any contracts are signed.

No Comments

Leave a comment
Comment Information
5 Star Review

Passionate, professional, and caring! Brian did a great job representing me!
Jana ODonnell

  • Super Lawyers Brian J. O'Toole | SuperLawyers.com
  • Board Certified Texas Board of Legal Specialization | Brian J. O'Toole - Civil Trial Law
  • Austin Bar Association
  • Texas Bar Foundation
  • Supreme Court of the State of Texas
  • United States District Court | District of Colorado
Email O’Toole Atwell, PC

Make Your Appointment Today

Our main office is located in Austin, Texas, and we serve clients throughout Texas and Colorado. Contact us today at 512-475-4740 or online to find out how we can put personalized service to work for you in your legal matter.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

O'Toole Atwell, PC
919 Congress Avenue, Suite 535
Austin, TX 78701

Phone: 512-476-4740
Fax: 512-476-1228
Austin Law Office Map