Get Guidance On Your Cannabis Merger, Acquisition, or Exit
from Rattner Law
Cannabis Mergers Need Experienced Attorneys
Mergers and acquisitions in the cannabis industry require special expertise in addition to business acumen and strong attention to detail. Cannabis deals require the parties to solve numerous regulatory and financial challenges in addition to uncertainties that simply do not exist in other industries.
Whether it’s the purchase of a company holding a just-issued “paper” license or an already operating cannabis business, the attorneys at Rattner Law have successfully closed transactions ranging from a few hundred thousand dollars to transactions exceeding $10 million. Throughout the process, we find ways to break impasses and drive a deal to closing.
M&A Services Provided By Rattner Law
Due diligence
Including vetting of potential business partners to reduce the chance of a messy business divorce.
Negotiation and drafting
- Letters of intent, term sheets, share purchase agreements, and membership purchase agreements
- Financing documents such as loan agreements, promissory notes, and the like
- Security instruments such as pledge agreements, letters of credit, or UCC liens
- Amended company documents such as operating agreements, shareholder agreements, and bylaws
Review and advice
Review and advice relating to term sheets, definitive agreements, corporate governance documents, and agreements concerning debt, financing, and equity.
What You Need To Know Before Pursuing A Merger Or Acquisition in Cannabis
Buying or selling a cannabis business is not the same as buying or selling an ordinary business. For one thing, cannabis is a tightly regulated industry full of pitfalls for the unaware. Further, different states have different rules about subjects that greatly impact how a deal gets put together to abide by ownership and financial restrictions. Therefore, it is critical to hire an attorney who has deep familiarity with the regulatory overlay applicable to your transaction. Parties in cannabis deals should also be prepared to disclose transaction documents to the regulator and justify why they structured a transaction a certain way. These challenges call for an attorney experienced in cannabis M&A.
Why Work With Rattner Law For Cannabis M&A Services?
Our clients’ interests come first, and that principle guides the advice we provide at Rattner Law. You will know what we think about any particular negotiation position, document, or transaction both from a legal standpoint, and from a practical business reality standpoint. We cut through the posturing and redlines to get to the heart of the issues. We call this our “no-BS” factor.
But we are more than truth-tellers. We break down complex regulatory restrictions into straightforward, actionable advice. We do not shrink from seemingly insurmountable challenges, either. Instead, we find ways to break the impasse while keeping our clients regulatorily compliant.
All Practice Areas By Rattner Law
Buying or selling a business requires careful consideration of many legal issues, especially in highly regulated areas. Our experience with complicated regulatory matters and our approach of finding solutions to achieve our client’s business goals guide our dealmaking. And, let’s be honest, there is a lot of dealmaking in the cannabis, psychedelic, and other emerging industries that dovetails with Rattner Law’s wraparound legal services.
These services include:
- Entity selection and formation
- Corporate governance documentation (i.e., operating agreements, shareholder agreements, etc.) and advice
- Cannabis license applications
- Regulatory compliance and advice
- Contract review and interpretation
- Contract negotiation and drafting
- Deal structuring
- Real estate transactions
- Advocacy work before municipalities and community boards
- Fractional outside general counsel
- Labor and employment
- Intellectual property licensing
- Intellectual property litigation
- Business and commercial litigation
- Partnership disputes
- Mediation
- Arbitration
- Article 78 litigation
FAQs About About Cannabis Mergers, Acquisitions, and Exits
Is there a decline in cannabis M&A activity?
There have been ebbs and flows based on market conditions and access to capital. New York has seen robust deal activity over the past 12-18 months, although there have been some short periods of slowdown.
What is the M&A process for a cannabis business?
Broadly, the process involves finding a qualified buyer or seller, reaching a framework of an agreement in a term sheet, drafting the transaction documents, and disclosure to the regulatory body. Afterwards, you will need to have communication with the regulator to answer any questions that arise.
How much does an M&A deal cost?
Unfortunately, we have to give the most-disliked answer you can receive from an attorney: it depends. Factors such as the number of parties involved, the amount of due diligence to be done along with what that due diligence uncovers, and the regulatory issues that arise all impact cost.
Luckily, the attorneys at Rattner Law have encountered many of the common issues that arise in these types of transactions and we leverage our experience to resolve common issues efficiently and with a practical outcome for our clients.
Contact Rattner Law
445 Hamilton Ave. Suite 1102, White Plains, NY 10601
Hours: 9:00 a.m.-5:00 p.m. EST
info@rattner-law.com
(914) 220-5468
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