Pre-signing pressures in M&A: Key drivers and strategies

In recent years, the journey to signing a corporate transaction has increasingly become more challenging, requiring deeper collaboration and more inventive problem solving well before documents are executed. What was once a relatively compressed period with considerable competitive tension or eagerness to sprint to sign on the dotted line, or both, the phase before signing is now often a longer period.

Deeper due diligence, shifting negotiation dynamics, expanded regulatory hurdles, the rise of W&I insurance, and the growing role of AI are all reshaping how deals get to the table. For in-house counsel and dealmakers, getting this phase right is no longer optional.

Sophie Thompson, Yasmin Jackson and Antonia Kirkby of Herbert Smith Freehills Kramer LLP have written an article for PLC Magazine in which they consider the market conditions responsible for the shift in deal effort towards the pre signing phase and give practical points for in house counsel seeking to manage the complexity of this phase effectively.

The article, which first appeared in the May 2026 issue of PLC Magazine, is available here.

Download the article here