Are you making deal resolutions for the New Year? In this episode of Deal Us In, we welcome back McGuireWoods partners Jodie Herrmann Lawson and Susan Rodriguez to share their deal resolutions for 2023 with host Kelsey Hitchcock.

Kelsey, Jodie and Susan explore what people should be thinking through as they approach deals this year. This includes more upfront scrutiny of I9s, when to consider indemnification provisions, and what you should do if your seller has an ongoing audit.

Before you walk into a deal this year, it’s important to understand what you should be prepared for, including how to navigate due diligence and any issues that may arise from it.

Both Jodie and Susan agree that there's no substitute for good counsel that you trust. Having a trusted advisor in your corner who can look at potential roadblocks in advance may help you avoid a phone call to the litigator.

💡 Featured Guest 💡

Name: Jodie Herrmann Lawson

What she does: Jodie is a high-stakes litigator who represents clients in federal and state court and arbitrations. She defends Fortune 100 companies and other businesses in cases involving torts, contract disputes, property disputes, class actions, and fiduciary, energy, and financial services litigation.

Company: McGuireWoods

Where to find Jodie: LinkedIn

Name: Susan Rodriguez

What she does: Susan, co-leader of the firm’s financial institutions industry team, primarily focuses on government investigations and complex civil litigation. She has defended clients in numerous government enforcement actions by the Department of Homeland Security, Department of Justice, Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC), among others

Company: McGuireWoods

Where to find Susan: LinkedIn

🗝️ Key Points 🗝️

Top takeaways from this episode

Make I9s part of standard due diligence. Instead of adding a review of I9s to the back of a deal, it is now common to make auditing the paperwork part of upfront diligence.

Don’t let I9 issues kill a deal. In the event that you discover a serious non-compliance issue with I9s, such as government penalties, you can consider indemnification provisions to protect the deal.

Approach with caution if an audit is underway. It’s not uncommon to encounter a company still undergoing an audit, especially as the pandemic caused some audits to drag across several years.

🎙️ About Deal Us In 🎙️

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