Lawyer Monthly - April 2024

shares with an adjustable consideration based on completion accounts and an earnout payment tied to specific milestones, presented several significant challenges. Foremost among these was the requirement to obtain approvals from multiple regulatory bodies, including the Competition Protection Authority, the Central Bank of Kuwait, and the Ministry of Commerce and Industry. Additionally, the difficulty of negotiating governance mechanisms and various transaction documents, alongside agreements critical for the company’s post-completion operations such as partnership, technology, and employment agreements, added layers of complexity to the process. To effectively manage and overcome these challenges, our approach centres on thorough task allocation and strict adherence to timelines, ensuring that all milestones are met within the set deadlines. We leverage the full spectrum of Meysan’s resources, encompassing our legal team, administrative staff, and Public Relations Officers (PROs) who possess extensive experience in liaising with regulators and navigating the requirements of different administrations. This comprehensive strategy enables our team to address any arising issues promptly and maintain the momentum needed to drive the transaction to a successful conclusion. preliminary checks are satisfactorily completed. Additionally, our due diligence reports always incorporate disclaimers and assumptions to shield Meysan from liabilities regarding matters beyond our expertise or outside our qualified jurisdictions. Regarding our clients, our approach to risk assessment is both detailed and client-focused. We request comprehensive information and background from the client to gain a deep understanding of the project. This involves not only gathering extensive details but also discerning the project’s ultimate goals. Through this process, we evaluate the project’s feasibility and legality, ensuring compliance with relevant laws and regulations. This dual-layered due diligence strategy is fundamental to identifying and mitigating legal risks effectively, thus protecting both our firm and our clients throughout the course of any project. What challenges did you face and how do you make sure your team is equipped to handle any problems which arise? Navigating the complexities of a transaction, particularly the sale of minimizing potential liabilities, including managing disclosures against warranties. We employ our negotiation expertise to effectively protect our client’s interests within the transaction documents, ensuring a balance between achieving a favourable sale outcome and limiting future obligations. In both scenarios, the aim is to provide tailored legal counsel that empowers our clients to make informed, valuedriven decisions. This involves a nuanced understanding of each party’s priorities and leveraging this insight to navigate the complexities of M&A deals successfully. What is your process of due diligence to assess any legal risks for your law firm and the client when working on projects? To safeguard both Meysan and our clients from potential legal risks, we adhere to a meticulous due diligence process. Initially, for Meysan’s protection, we conduct thorough conflict and compliance checks on all involved parties using advanced software solutions. We ensure that no engagements are signed until these 34 LAWYER MONTHLY APRIL 2024 Dr. Abdulwahab Sadeq Partner at Meysen

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