Structuring Public and Private Transactions in the Current M&A Environment

Exclusive Interview with

Clare O'Brien, Shearman & Sterling LLP

As many companies and private equity firms have been accumulating large amounts of cash over the last three years, they’re coming under increased pressure to deploy that cash productively.  According to Clare O’Brien, a partner in the Mergers & Acquisitions Group at Shearman & Sterling LLP, this has led to an increase in M&A activity — both public and private transactions.

In this exclusive LegalMinds interview, Ms. O’Brien discusses these trends and explores  some of the key issues in structuring both public and private M&A transactions — from basic considerations such as whether the transaction should be a merger or tender offer to the impact of decisions such as which assets should be sold, what kinds of liabilities should be accepted, retaining employees and sharing any intellectual property.

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Clare O’Brien
Partner, Shearman & Sterling LLP

Clare O’Brien has been a partner since January 1995. She joined the firm in 1988 and in 1989 moved to the Mergers & Acquisitions Group, where she has worked on a large variety of public and private transactions, including public company restructurings, joint ventures and large public transactions. She also advises clients regularly on mergers and acquisitions and other corporate law questions.

Prior to joining the firm, Ms. O’Brien worked with the law firm of Brady & Tarpey, P.C., where her practice included cross-border corporate transactions, litigation and domestic relations. Ms. O’Brien began her legal career at the Irish law firm of Eugene F. Collins & Son, and was admitted to the Irish Roll of Solicitors in 1985.


Mergers & Acquisitions
State Controlled Companies/Sovereign Wealth Funds


New York


Incorporated Law Society of Ireland
Trinity College, Dublin, B.A. Legal Science


599 Lexington Avenue
New York, NY 10022
(212) 848-8966 

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Shearman & Sterling LLP

Shearman & Sterling has been advising many of the world’s leading corporations and financial institutions, governments and governmental organizations for more than 135 years. We are committed to providing legal advice that is insightful and valuable to our clients. This has resulted in groundbreaking transactions in all major regions of the world.

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