Retaining the Team: How to Mitigate Your Number One Risk in a Tech M&A Deal

Louis Lehot
1 min readNov 28, 2022

After M&A dealmaking cranked at an all-time high in 2021 with a record-breaking 60,000 publicly disclosed deals aggregating over $5 trillion, the waters of M&A cooled considerably in 2022, with only 22,000 deals with aggregate value of only $1.7 trillion year-to-date.

What’s the risk?

👉 On the heels of the “great resignation,” a historically low unemployment rate of 3.7% (October 2022, US Bureau of Labor Statistics), and so much change in how we work, attracting and retaining top talent is more challenging today than ever. This situation continues despite the recession.

👉 In an M&A transaction, losing the team required to operate the business, maintain and develop technology and serve customers is considered by many to be the number one risk for successfully executed deals.

Read more by Foley & Lardner LLP’s Casey Knapp, Eric Chow and myself here.

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Louis Lehot

Louis Lehot is a partner and business lawyer with Foley & Lardner LLP, based in the firm’s Silicon Valley office. Follow on Twitter @lehotlouis