M&A Law Firm for Albany

Mergers & Acquisitions (M&A) Law Firm for Albany and Albany County

Albany and Albany County are home to semiconductor research and development companies, life sciences and pharmaceutical companies, healthcare systems, health insurers, software and IT firms, video game developers, e-commerce businesses, chemical manufacturers, financial management firms, port and transportation operations and cannabis businesses, supporting steady demand for mergers and acquisitions in Albany.

As these companies scale, restructure ownership, attract investors or plan exits, mergers and acquisitions in Albany increasingly become part of the strategic plan both in buying a business to fuel growth and selling your business for liquidity.

As a mergers and acquisitions law firm serving Albany and Albany County, Kaufman McGowan PLLC advises buyers, sellers, founders, investors and management teams throughout Albany and Albany County on mergers, acquisitions, business sales and related corporate transactions. We focus on practical deal structures, risk management and aligning terms with long-term business objectives for clients navigating M&A in Albany.

According to a 2021 Center for Economic Growth profile, Albany County is home to the state capital and is a major research and development hub for the semiconductor industry, with IBM, Applied Materials, Tokyo Electron and others operating research centers at the Albany NanoTech Complex.

If you are preparing to navigate mergers and acquisitions in Albany, whether you’re looking to sell a business or acquire a business, we help clarify options and structure deals strategically.

See our Mergers & Acquisitions practice page for more information about our work, and Mergers & Acquisitions: How to Buy or Sell a Business from our blog for more information about M&A deals in Albany County and beyond.

Kaufman McGowan PLLC also advises clients on mergers and acquisitions throughout Buffalo, Syracuse, Binghamton, Manhattan, Brooklyn, the Bronx, Queens, Rochester, Nassau County, Suffolk County, Columbia County, Orange County, Putnam County, Rensselaer County, Rockland County, Saratoga County, Schenectady County, Staten Island, Ulster County, and Westchester County. To see examples of our completed transactions, visit our Deal Tombstones page, or browse our full practice areas to see how we support Albany businesses beyond M&A.

M&A Legal Services for Albany and Albany County

Kaufman McGowan PLLC’s M&A legal services include, among other things:

• Selling a business
• Buying a business
• Business purchase and sale agreements or merger agreements
• Structuring asset vs. stock vs. merger transactions
• Letters of intent and deal negotiations
• Legal due diligence
• Escrows, holdbacks and earn-outs
• Founder, partner and shareholder transitions
• Investor and private equity participation
• Executive compensation and restrictive covenants
• Governance approvals and board process
• Closing logistics and post-closing support

Each transaction is approached with sensitivity to timing, leverage and commercial realities.

We regularly advise:

• owners approached by strategic or financial buyers
• businesses acquiring competitors, product lines or complementary businesses
• family-owned companies planning succession
• investors evaluating Albany-based opportunities
• management teams reviewing proposed LOIs and deal terms

We also concentrate in:

• corporate & securities law
• private placements
• public offerings
• SEC regulation
• lending transactions
• licensing
• real estate
• executive compensation
• corporate governance
• business formation
• cannabis regulation
• cannabis license applications
• commercial contracts
• corporate structure and reorganizations
• investment funds & firms

Our Attorneys

Our mergers and acquisitions practice is led by corporate and securities attorneys with decades of deal experience. Learn more here: About our Attorneys.

For Albany and other Capital Region matters, representation is generally led by:

• Neil M. Kaufman
• Sean J. McGowan

Their experience helps ensure deals are structured clearly, negotiated effectively and aligned with business objectives.

Albany transactions frequently involve counterparties, investors or operations elsewhere in the Capital Region and across New York State, and Kaufman McGowan PLLC represents clients on both sides of that geography. We advise on deals throughout the region, including Rensselaer County, Schenectady County, Saratoga County and Greene County, as well as in Manhattan and on Long Island. See our Mergers & Acquisitions practice page for more information about the full range of transactions we handle.

If you are planning a business sale, a business acquisition or an investor or private equity transaction in Albany / Albany County, we are available to assist.

Contact us to schedule a consultation. We are available by phone at (631) 972-0042 or by contacting us here.

Frequently Asked Questions About M&A in Albany

Does Kaufman McGowan handle mergers and acquisitions for Albany businesses?

Yes. Kaufman McGowan PLLC advises buyers, sellers, founders, investors and management teams in Albany and Albany County on business sales, acquisitions, mergers and related corporate transactions. Our New York-based M&A attorneys perform due diligence, structure, negotiate and close deals, working from beginning to end on every aspect of the transaction.

What types of buyers acquire Albany businesses?

Buyers generally fall into three groups: financial buyers, such as private equity firms and roll-up investors that combine multiple businesses in the same industry; industry buyers, such as competitors, suppliers and customers; and working executives, such as management buyouts, family members and employee stock ownership plans (ESOPs). Each type of buyer raises different considerations around price, deal structure, confidentiality and the seller’s future role.

Why do buyers ask for an escrow in an M&A transaction?

A buyer may want a portion of the purchase price held in escrow so there will be assets readily available if the seller breaches a representation or warranty. Buyers are more likely to ask for an escrow when the seller or its principals will not have the assets to satisfy a claim after closing. Representations and warranties insurance is also available to insure against these breaches.

Should I sell my Albany business through an asset sale or a stock sale?

Generally, the seller prefers a stock sale and the buyer prefers to purchase assets, for tax reasons (if the seller is a C corporation) and liability reasons. In an asset sale by a C corporation, the corporation is taxed on the gain and shareholders are taxed again when the proceeds are distributed, while the buyer gets a stepped-up basis in the assets. In a stock sale, shareholders generally get capital gains treatment on the difference between their basis and the sale price. The right structure depends on the specifics of your deal.

Who leads M&A matters for Albany clients?

Representation for Albany and other Capital Region matters is generally led by Neil M. Kaufman, our managing partner and an approved Vistage speaker on mergers & acquisitions, and Sean J. McGowan. Both represent emerging growth, middle market and public companies and investment firms in merger and acquisition matters.