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Assessing The Microsoft-Yahoo! Deal

February 05, 2008

Doug Cogen, Co-Chair of the Fenwick & West Mergers and Acquisitions Group, was recently quoted in a Forbes.com opinion piece titled "Assessing The Microsoft-Yahoo! Deal."

From questions about the value of Yahoo! to a belief that MSN will become just another Yahoo! brand, the announcement that Microsoft is bidding for the Internet company has provoked sharp reactions from leading industry figures and social critics alike.

According to top Silicon Valley attorney Doug Cogen of Fenwick & West, the legal battle that's likely to result suggests that the initial offering price represents merely the first shot across the bow of a "protracted and public negotiation."

"One would certainly expect the Yahoo! board to determine that the offered price doesn't fairly value Yahoo!, and that this is the beginning of a protracted, and public, negotiation. I assume Microsoft wouldn't have done this in public if it didn't intend to win, so the next stage will be similar to what we saw with Oracle and BEA—a price negotiation out in the open, potentially mixed with a price negotiation behind closed doors."

Read the entire article by reporter David A. Andelman.