Take This Show Off the Road: The Year Dealmaking Went Digital

Partners Glynna Christian and Vivian de las Cuevas-Diaz spoke with The American Lawyer about how the pandemic has affected dealmaking. As the process has gone virtual, one major effect has been increased scrutiny on corporate transactions and business models, both before and during negotiations. Ms. Christian added that even the language of a deal is being scrutinized, with a greater focus on force majeure clauses and material adverse effect stipulations.

"I see some people starting to drop in 'pandemic' on the list of things that might be a force majeure," she said. "You have to be really thoughtful about how you're drafting and what it means that you're living in the middle of a pandemic now."

Looking ahead, Ms. de la Cuevas-Diaz said she expects a mix between in-person and virtual dealmaking, though the exact way in which transactions are orchestrated will depend on the client.

"I do think it will be a hybrid for the next year or two, and I do think by the same token, people are looking to connect," she explained. "Zoom is a great thing, phones are great, but they only get us so far."

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