Cross-Border M&A Transactions: Trends, Challenges, Opportunities, Due Diligence, Deal Structures, Risk Mitigation
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Commercial Law
- event Date
Wednesday, December 4, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will provide guidance to M&A counsel for navigating cross-border transactions. The panel will discuss the current market and trends in cross-border transactions, the challenges and opportunities with these deals, considerations when conducting due diligence and structuring the transaction, and strategies for mitigating risks.
Mr. Chapman focuses his practice on securities law, venture capital, mergers and acquisitions, and international business transactions. He counsels publicly traded and privately held clients on public offerings, private placements, debt financings, venture capital transactions, mergers and acquisitions, and related transactions. Mr. Chapman also represents venture capital firms, angels, and private equity groups in their investments. With 30 years of experience in corporate and securities law, he has represented clients in over 300 mergers, acquisitions, and financing transactions.
Mr. Vargas has more than 34 years of experience in corporate and securities law and has represented and counseled some of the largest and best-known technology companies and venture capital funds in the U.S. He assists and counsels’ enterprises on difficult issues related to structuring, restructuring and obtaining financing, acquisitions and divestitures, and corporate governance. He also spends time making introductions to other contacts and companies to assist clients in building management teams and boards and helping companies with synergistic relationships and potential acquisitions. For the last 30 years, Mr. Vargas has taught a number of CLE seminars on various topics including public offerings, venture capital financings, and private placement of securities and has also been asked to speak at a number of business conferences on diverse business management matters like business valuations, financing companies and planning for the investment exit. Mr. Vargas is also on the adjunct faculty of Santa Clara University Law School where he co-teaches a course on Business Organizations and co-teaches Start-Up Law, on the adjunct faculty of the University of St. Thomas where he taught courses on business ethics and entrepreneurship, Saint Mary’s University where he instructed a masters in international business course on entrepreneurship, and the University of Minnesota where he co-taught a seminar on entrepreneurship.
Over the last several years, cross-border transactions have accounted for just over one-third of the global mergers and acquisitions per year. These transactions can provide attractive opportunities for companies pursuing growth strategies but have run out of acquisition targets in their own markets.
Cross-border M&A deals are challenging and time consuming due to differing cultural, political, legal, and regulatory practices across jurisdictions; rigorous enforcement of the Foreign Corrupt Practices Act and other anti-corruption laws; potential CFIUS and "reverse CFIUS" issues that can delay or derail inbound and outbound transactions; and several other critical factors. Counsel for both buyers and sellers must understand these unique nuances of cross-border deals to mitigate risks, liabilities, and delays for their clients.
Listen as our authoritative panel explains the key considerations and best practices for deal counsel when conducting due diligence and structuring cross-border M&A transactions. The panel will also address risk mitigation strategies to employ throughout the course of the transaction.
- Latest trends and developments in cross-border M&As
- Deal strategies and planning essentials
- Examining potential legal, business, financial, political, and regulatory issues
- Transaction structures
- Due diligence areas of focus
- Best practices for conducting due diligence and implementing risk mitigation measures
- Post-transaction obligations
- Practitioner takeaways
The panel will review these and other key issues:
- What are the latest market trends and U.S. legal developments in cross-border M&A transactions?
- How should a cross-border M&A transaction be managed to best achieve the desired outcome?
- What are key considerations when conducting due diligence in cross-border M&A deals?
- What are the latest developments in seeking CFIUS approval?
- What factors should acquiring companies consider when conducting FCPA due diligence on a target company?
- What are some best practices for counsel to mitigate risks prior to negotiating the cross-border deal?
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