Savvy deal lawyers can help clients fortify a variety of “legal moats” that defend their businesses from encroaching competitors, McGuireWoods associate PJ Harris wrote in the Winter 2026 edition of Deal Points, the newsletter of the American Bar Association’s Mergers and Acquisitions Committee.
The metaphor of a moat is often used to describe a company’s competitive advantages. Harris cited intellectual property, commercial contract terms, and regulatory certifications and designations as legal moats that deal lawyers should keep in mind when structuring transactions.
“Embedding moat-oriented thinking into legal due diligence, contract architecture, and regulatory strategy can materially improve competitive durability and deal outcomes,” Harris wrote.