336 A Practical Introduction to Mergers & Acquisitions

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring party and the target firm in negotiating an acquisition and the differing roles played by the various parties involved in a transaction; the different types of agreements and other documents an attorney will encounter and negotiate over the course of a transaction; the critical role of information in M&A deals; conducting due diligence; the elements, structure and key terms of a typical acquisition agreement; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

Enrollment Pre-/Co- Requisite Information

Law 210 Business Association is a prerequisite. International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations.

Course Areas of Practice
Evaluation Methods
  • Final Exam
  • Group project(s)
  • Class participation
Degree Requirements
Course Type
  • Lecture
Learning Outcomes
  • Knowledge and understanding of substantive and procedural law

Sample Syllabi

Spring 2024

2024
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam
  • Group project(s)
  • Class participation
Jose Carlos Meirelles

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring party and the target firm in negotiating an acquisition and the differing roles played by the various parties involved in a transaction; the different types of agreements and other documents an attorney will encounter and negotiate over the course of a transaction; the critical role of information in M&A deals; conducting due diligence; the elements, structure and key terms of a typical acquisition agreement; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

Pre/Co-requisites

Law 210 Business Association is a prerequisite. International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations.

Spring 2023

2023
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam
  • Group project(s)
  • Class participation
Caroline Bergman Gottschalk

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring party and the target firm in negotiating an acquisition and the differing roles played by the various parties involved in a transaction; the different types of agreements and other documents an attorney will encounter and negotiate over the course of a transaction; the critical role of information in M&A deals; conducting due diligence; the elements, structure and key terms of a typical acquisition agreement; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

Pre/Co-requisites

Law 210 Business Association is a prerequisite. International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations.

Fall 2022

2022
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam
  • Group project(s)
  • Class participation
Geoff Krouse

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; acquisition financing; and getting the transaction to closing.

Pre/Co-requisites

Law 210 Business Association is a prerequisite. International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations.

Spring 2022

2022
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam
  • Group project(s)
  • Class participation
Geoff Krouse

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

Syllabus: 336.01.Spring2022-syllabus.pdf833.47 KB

Pre/Co-requisites

Law 210 Business Association is a prerequisite. International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations.

Fall 2021

2021
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam
Caroline Bergman Gottschalk

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; an introduction to private equity M&A; acquisition financing; and getting the transaction to closing.

Pre/Co-requisites

<p><a href="https://law.duke.edu/academics/course/210/">Law 210 Business Association</a> is a prerequisite.   International LLMs may be permitted to take Law 336 Mergers &amp; Acquisitions if concurrently enrolled in Law 210 Business Associations and with instructor permission.</p>

Spring 2021

2021
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam
Geoff Krouse

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; acquisition financing; and getting the transaction to closing.

Pre/Co-requisites

Law 210 Business Association is a prerequisite.   International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations and with instructor permission.

Spring 2020

2020
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam
Geoff Krouse

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; acquisition financing; and getting the transaction to closing.

Pre/Co-requisites

Law 210 Business Association is a prerequisite.   International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations and with instructor permission.

Spring 2019

2019
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam
Geoff Krouse

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; acquisition financing; and getting the transaction to closing.

Pre/Co-requisites

Law 210 Business Association is a prerequisite.   International LLMs may be permitted to take Law 336 Mergers & Acquisitions if concurrently enrolled in Law 210 Business Associations and with instructor permission.

Spring 2018

2018
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Final Exam

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting transactions; acquisition financing; and getting the transaction to closing.

Pre/Co-requisites
Business Associations

Spring 2017

2017
Course Number Course Credits Evaluation Method Instructor

336.01 2
  • Scheduled in-class examination

This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition and the differing roles played by the various parties involved; the critical role of information in M&A deals; conducting due diligence; the elements and structure of a typical acquisition agreement; certain techniques for effective drafting of M&A agreements; common "specialist" issues (environmental, employment, intellectual property); the roles and responsibilities of management, Boards of Directors and shareholders in connection with transactions; securities laws affecting public company transactions; and getting the transaction to closing.

Pre/Co-requisites
Business Associations

Spring 2016

2016
Course Number Course Credits Evaluation Method Instructor

336.01 3 Urska Velikonja

This three-credit course will consider corporate mergers and acquisitions, the laws governing such transactions, and the process of initiating and completing a corporate acquisition. Topics covered will include the structures commonly used in M&A transactions (and the factors affecting choice of deal structure); strategies employed by the acquiring company and the target firm in negotiating an acquisition; the critical role of information in M&A deals; due diligence of the target firm; the roles and responsibilities of management, Boards of Directors and shareholders; hostile takeovers, poison pills and other takeover defenses; securities laws affecting public company transactions; and the rise of activist shareholders.

Pre/Co-requisites

Business Associations (Law 210).

M&A is not recommended for students who have already taken Deal Skills for the Transactional Lawyer (Law 777).

*Please note that this information is for planning purposes only, and should not be relied upon for the schedule for a given semester. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.