First-of-its-kind reference book discusses the specialized and opaque space of M&A post-closing purchase price adjustments and disputes
Berkeley Research Group Managing Director Vincent Biemans has coauthored a new book offering an inside view of the complex dispute resolution process, M&A Disputes: A Professional Guide to Accounting Arbitrations, from Wiley. The book provides instruction, firsthand insights and in-depth discussion on the M&A dispute resolution process.
“M&A transaction volume remains high, so professionals are seeing a lot of post-closing purchase price adjustment disputes—which can involve substantial amounts of money or have a material impact on deal economics,” Biemans explained. “Until now, the specialized knowledge required to navigate these disputes made the field opaque to non-practitioners. This book can change that perception and provide guidance to prevent and resolve issues along the entire lifecycle of the transaction.”
M&A Disputes provides a comprehensive walkthrough of the dispute resolution process, from selecting an accounting arbitrator through final award. It also provides tips to preemptively mitigate and possibly avoid costly breakdowns during the post-closing purchase price adjustment process. The guidance is designed for individuals working in-house or at a professional services firm, as legal counsel or an accounting advisor.
“For the transaction parties and their advisors, it’s critical to understand the core concepts underpinning these adjustments and disputes—such as the nature of GAAP, the consistent application of historical accounting practices, target net working capital and transaction-specific adjustments,” said Biemans. “But understanding them from the arbitrator’s perspective as well? That inside look is invaluable.”
M&A Disputes also explains what drives disputes and reviews common dispute categories, including inventory, accounts receivable, contingent liabilities and revenue recognition. The book contains practical examples to illustrate various concepts and intricacies.
Biemans is a highly-experienced M&A dispute professional. He assists US and European buyers and sellers with M&A disputes as an advisor and as a neutral accounting arbitrator. He has been involved with a wide variety of engagements across many industries and with economic interests ranging from under $1 million to over $10 billion.
Before joining BRG, Biemans served at several professional services firms, including a public multinational consultancy; a litigation, valuation, and financial advisory boutique; and a law firm. He started his career in an advisory practice in The Netherlands, where he advised clients ranging from startup ventures to publicly traded multinationals. A licensed Certified Public Accountant in Texas, Biemans also holds the Chartered Financial Analyst, Accredited in Business Valuation, Certified Fraud Examiner and Chartered Global Management Accountant designations.
About Berkeley Research Group, LLC
Berkeley Research Group, LLC (www.thinkbrg.com) is a leading global strategic advisory and expert consulting firm that provides independent advice, data analytics, authoritative studies, expert testimony, investigations, transaction advisory, restructuring services and regulatory and dispute consulting to Fortune 500 corporations, financial institutions, government agencies, major law firms and regulatory bodies around the world. BRG experts and consultants combine intellectual rigor with practical, real-world experience and an in-depth understanding of industries and markets. Their expertise spans economics and finance, data analytics and statistics, and public policy in many of the major sectors of our economy, including healthcare, banking, information technology, energy, construction and real estate. BRG is headquartered in Emeryville, California, with offices across the United States and in Asia, Australia, Canada, Latin America, the Middle East and the United Kingdom.