Ami Foger

Ami Foger is a New Jersey corporate and mergers and acquisitions attorney who advises businesses on middle market M&A transactions, commercial agreements and governance matters. As a member of Saiber LLC’s Business Services Practice Group, he provides practical guidance on acquisitions, sales, governance, contracts, and the legal issues that arise in operating and growing a business. His clients span industries including consumer products, apparel, gaming, manufacturing and industrial services, food services, energy, pharmaceuticals, and technology.

Mergers and Acquisitions

Ami focuses his M&A practice on the middle market, representing buyers and sellers in stock and asset transactions, mergers, joint ventures, and strategic partnerships. His transactions typically range in value from $5 million to $100 million, although he also handles matters outside that range when his experience and practical approach can add value.

His work ranges from helping business owners navigate the sale of their businesses to advising established and growth-oriented companies on acquisitions.  Much of Ami’s seller-side work involves counseling owner-operators, founders, and second- or third-generation business owners on the complexities of selling their businesses, including the personal, family, succession, and legacy considerations these transactions often present.  When representing larger businesses, Ami works closely with the company’s executives and board to support an efficient sale process, preserve transaction value, and manage legal and execution risk.

His buyer-side work includes representing public companies, strategic acquirers, and private equity-backed companies in platform and add-on acquisitions and other industry-consolidation transactions. When clients pursue multiple acquisitions, Ami helps create efficient, repeatable documentation and diligence processes and address post-closing integration issues. Ami also represents international companies entering the U.S. market through acquisitions and helps them navigate the process of acquiring U.S. businesses. Ami’s experience representing both buyers and sellers in M&A transactions informs his practical approach to deal terms, risk allocation, and the issues that can affect a closing.

Ami remains directly involved throughout each transaction, from initial structuring and due diligence through negotiation and closing. He applies practical judgment, staffs matters with efficient, focused deal teams, and works closely with clients and their advisors to resolve issues and maintain momentum. As needed, he coordinates with attorney’s across Saiber’s practice groups on employment, intellectual property, real estate, environmental, and other considerations.

Outside General Counsel

Privately held and family-owned companies turn to Ami as outside general counsel when they lack an in-house legal department or need to supplement a lean legal team. In this role, he serves as a regular point of contact for the company’s legal needs, advising owners and executives on day-to-day contracts, vendor and customer relationships, governance and risk management.  He also identifies employment, regulatory and other issues requiring specialized advice.  He helps clients balance legal considerations with business objectives and involves attorneys from Saiber’s other practice groups when needed. This approach gives clients access to the Firm’s broader capabilities through an attorney who understands their business and priorities.

Commercial Contracts

Ami drafts, reviews, and negotiates a wide range of commercial agreements, including manufacturing and distribution agreements, trademark licenses, professional services agreements, technology agreements, and executive employment agreements. He focuses on clear obligations, appropriate risk allocation, and terms that reflect how the parties intend to do business. His counseling also addresses data-security obligations and other technology-related risks in commercial transactions.

Corporate Governance and Business Counseling

Ami advises privately held businesses and their owners from formation through growth, succession, and exit. He helps clients select appropriate entities, establish ownership and management structures, and address financing and executive compensation matters.

His governance work encompasses shareholder and partnership agreements, limited liability company operating agreements, and buy-sell agreements. He also advises on equity incentive arrangements.

For family-owned and closely held businesses, Ami helps owner-operators plan management transitions and transfers of ownership to the next generation. As an ongoing business advisor, he places legal concerns in the context of each client’s operations, ownership structure, management dynamics, and long-term plans.