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Mike O'Bryan on M&A Trends for 2026

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Michael O'Bryan spoke with John Jenkins, Managing Editor at Deal Lawyers about M&A trends in 2026. Topics discussed...

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Michael O'Bryan spoke with John Jenkins, Managing Editor at Deal Lawyers about M&A trends in 2026. Topics discussed include:<ul><li>Evolving due diligence practices relating to AI</li><li>Implications of changing antitrust and national security review regimes</li><li>Evolving contractual arrangements for "acquihires" and other hybrid transactions</li><li>Most consequential recent tax law changes for M&A</li><li>Expectations about how the SB 21 safe harbor will influence market practice in controller transactions</li><li>Drafting to reduce the litigation risk of earnouts</li><li>Influence of activism on board's strategic review processes</li><li>How regulatory uncertainties are being addressed in acquisition agreements</li></ul>Listen to the <a href="https://www.deallawyers.com/member/Podcast/content/2026/02_26_obryan.htm" target="_blank">podcast</a>.

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Mike advises on U.S. and international mergers, acquisitions, divestitures, and other strategic transactions, including “going private” and other related-party transactions. He has advised companies, boards, and special committees, as well as investment banks, in both negotiated and contested transactions. He works with clients across a variety of industries, including in the technology, software, telecommunications, agtech, consumer, and healthcare/life sciences sectors.Mike has been ranked in numerous publications including Chambers USA, The Legal 500, and Best Lawyers in America. Clients in The Legal 500 describe Mike as “a very seasoned M&A lawyer with a depth of technical expertise.” He has been recognized for M&A by Best Lawyers in America every year since 2013, and in 2021 the publication named him a “Lawyer of the Year” for M&A. He has also been recognized in Who’s Who Legal – The International Who’s Who of Mergers & Acquisitions Lawyers.Before moving to San Francisco, he worked in the firm’s Tokyo office for four years. Prior to joining Morrison & Foerster, he worked at a Japanese law firm for two years, concentrating on cross–border transactions. He serves on the board of directors of the Japan Society of Northern California.Mike is the immediate past chair of the American Bar Association’s M&A Committee, where he also served as co-editor of the Model Tender Offer Agreement, on the editorial board for the Model Public Company Merger Agreement, as senior reviewer of the forthcoming Revised Model Asset Purchase Agreement, and as the editor of the Annual Survey of M&A Cases. While chair, he co-founded the Committee’s national law student M&A negotiating competition.He also has served on M&A advisory boards, such as the Law360 M&A editorial board and the Thomson Reuters Accelus Business Law Partner advisory board. He is also a member of our global Environmental, Social, and Governance (ESG) steering committee. He is the author or co-author of numerous articles and speaks regularly on M&A and related topics. He leads efforts around the firm’s annual Key M&A Trends report, recognized as a “Top Read Article” by JD Supra Readers’ Choice Awards.