Cromie Featured in NJBIZ Article on Transactional
Lawyers
and
Current Economic Turbulence
Roseland, NJ, October 24, 2008
– Connell Foley Partner
John
D. Cromie, a member of the firm’s
Corporate Law and Transactions
practice group, is featured in an article
published in the October 20, 2008 edition of NJBIZ
on the slowdown of transactional work for New Jersey’s
corporate and transaction lawyers as a result of the current
volatility in U.S. and world financial markets.
The
article, “Wall Street Adventure for Venture Capital
Lawyers,” written by Martin C. Daks, points out that today’s
unstable financial markets have significantly decreased
private equity deals that often focus on later-stage or
mature companies.
“There’s been a broad-based pullback in transactional deals
involving private equity,” said Mr. Cromie. “People in
general are adopting a more conservative approach in the
face of a soft economy and tight credit market. It means
there is an additional level of challenge to get deals
done.”
The
frayed nerves of players in the financial markets could also
affect deals already in the making, Mr. Cromie indicated.
“We’re seeing some buyers and sellers scour the documents
for escape clauses, even when they signed the deals months
ago,” Mr. Cromie said. “They often focus on material
adverse change, or MAC, clauses that may let them back out
if there’s been significant change in the [selling]
company’s market position, or if the buyer is unable to get
financing.”
Mr.
Cromie stated, "Current
market conditions may cause far-reaching and long-term
changes in how transactions are done."
“After
this shakes out and the economy stabilizes, I believe that
the market [for venture and private equity activity] will
bounce back. But in the future, we’re likely to see
buy-sell deals at realistic values based on the true worth
of the underlying assets, instead of the inflated valuations
we’ve been seeing in recent years,” Mr. Cromie added.
For
more information about Connell Foley’s
Corporate Law and Transactions practice group, please
contact John Cromie at 973-535-0500 or
JCromie@ConnellFoley.com.