Mergers and acquisitions are expected to make a strong comeback in the months ahead, as COVID-19 vaccinations increase and business recovers from the pandemic-related economic downturn. Even now, the deal market is exhibiting renewed strength, with transactions increasing during the second half of 2020 and into the first quarter of 2021.

Still, uncertainty lingers, and as a recent article published by NASDAQ noted, "ultimately, dealmakers that remain 'deal ready' will be best positioned to reap rewards in 2021." Optimally, for dealmakers and their counsel, this means squaring away any transaction-derailing risks as early as possible in the deal process.

One of the most challenging of those potential risks is litigation. Threatened, pending, or ongoing litigation matters can scuttle transactions, reduce sale prices, and saddle a freshly merged enterprise with unfavorable deal terms and significant out-of-pocket costs just as it is integrating operations.