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Course Details

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.

Faculty

Description

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.

Outline

  1. Latest trends and developments in cross-border M&As
  2. Deal strategies and planning essentials
  3. Examining potential legal, business, financial, political, and regulatory issues
  4. Transaction structures
  5. Due diligence areas of focus
  6. Best practices for conducting due diligence and implementing risk mitigation measures
  7. Post-transaction obligations
  8. Practitioner takeaways

Benefits

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?