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Deloitte's 2026 Global Divestiture Survey

Legal before launch: How general counsel and chief legal officers shape sell-side outcomes before a divestiture reaches market

October 20, 2026

Read time: 2 min

Key takeaways

Divestitures are shifting from opportunistic deals to intentional, strategy-led separations.

General counsel and chief legal officers play a critical role in the preparation process and sell-side outcomes.

Legal considerations can significantly impact deal timing, value, and post-close outcomes.

Overview

Successful divestitures require more than finding the right buyer and negotiating favorable terms. Legal considerations, from contract transferability and regulatory approvals to separation planning and retained liabilities, can significantly impact deal timing, value, and post-close outcomes. Addressing these issues early can help sellers reduce complexity, improve deal certainty, and protect value throughout the transaction lifecycle.

In a new article co-authored by McDermott Will & Schulte partner Andrew Warmus in connection with Deloitte’s 2026 Global Divestiture Survey, we explore the critical role general counsel and chief legal officers play in shaping successful sell-side outcomes. Read the full article to understand how early legal involvement can help organizations navigate separation challenges, mitigate execution risks, and protect transaction value before and after closing.

Read the full article

In this article

Andrew J. Warmus

Partner

Chicago

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