While it is impossible to guarantee a litigation-proof deal, here are a few basics to keep in mind:
Make Sure the Deal Structure is Right for You
Deals can be structured in three ways: a stock purchase (where the acquiring company purchases some or all of the shares of another company from its shareholders), an asset sale (where one company purchases all or substantially all of the assets of another company), or a merger (where one company combines with another company). Since the acquiring company and selling company have conflicting interests (the selling company wants to get as much money as possible for the company, and the buying company wants to pay as little as possible for it), it is important that each company have its own legal counsel in the transaction.