IPBA 2021

Deal Performance and Post Execution Risks

Organised by: Cross-Border Investment Committee

Session abstract:

Cross-border M&A transactions often run against practical, legal or other impediments that may delay or, worse, prevent them from closing. Conditions precedent may not be met, regulators may intervene, laws may change, the target business’ fundamentals may change. The covid epidemic has led to an increased focus on force majeure and MAC mechanisms. This panel will explore how seasoned M&A practitioners may guide their clients through seas changes to close the deal – or walk away.

 

Jan Bogaert
Partner
, Stibbe
Brussels

Jan Bogaert is a partner in the M&A group at Benelux law firm Stibbe, based in Brussels. His practice concentrates on foreign direct investment (FDI), strategic and cross-border M&A, joint ventures, and corporate restructurings.

Jan spent five years in Stibbe’s Hong Kong office, and has established a particular expertise on Asia outbound cross-border transactions.

Jan serves as a director of the Belgian-Chinese Chamber of Commerce, a member of the Tax & Legal Committee of the American Chamber of Commerce, and is the incoming co-chair of the Cross-Border Investment Committee.

Speakers

Dr Till Kosche
Partner
, Noerr
Frankfurt

Till Kosche advises German and foreign financial and strategic investors regarding M&A and private equity transactions. He has special expertise in complex multinational transactions. With respect to corporate matters, he has particular experience in complex joint ventures and restructurings (including cross-border restructurings). He also regularly advises Asian clients with significant in-bound investments in Germany and is responsible for the Firm’s China Desk in Frankfurt.

Expertise:

  • Mergers and acquisitions
  • Private equity
  • Corporate law

Maëva Slotine
Founder
, Slotine
Hong Kong

Maëva founded Slotine in 2016 after being admitted in Hong Kong, France, and England & Wales. Since beginning her career in 1998, she has gained extensive experience on numerous multinational cases globally, focusing on mergers and acquisitions, private equity transactions, foreign direct investments and corporate governance matters. Maëva represents small or medium-sized local companies as well as large firms that are either planning to expand within Asia Pacific or are based in the region and have investments in France.

The focus of the firm – and Maëva’ s practice is strongly on corporate matters with general counsel capacities to help companies of all sizes navigate complex legal landscapes in Hong Kong and the wider Asia Pacific region. Over the years, Maëva has met with many lawyers and professionals in other jurisdictions and locally which form a strong network offering cross-border expert legal advice characterised by clarity, responsiveness and agility.

Eric Marcks
Partner
, Southgate
Tokyo

Eric is a partner of the southgate firm in Tokyo, where he focuses on cross-border M&A and venture capital. Eric began his career in 2000 in San Francisco and Silicon Valley, and then spent 8 years with White & Case in Tokyo before establishing southgate in 2016.

Eric is recognized as one of only 15 “Leading Individuals” in the 2019 and 2020 editions of Legal 500 (Corporate/M&A Independent Local Firms) and he is the only lawyer at a Japanese firm ranked in the international firm category for Corporate/M&A in the 2019 and 2020 editions of the Chambers guide. Eric teaches courses on M&A and venture capital at Keio Law School.

Eric has been recommended by Chambers Asia-Pacific and The Legal 500 Asia Pacific in their 2018 Corporate/M&A sections.

Vittorio De Luca
Managing Partner
, De Luca & Partners
Milan

Vittorio De Luca, Managing Partner of the Firm, joined De Luca & Partners in 1996 and became partner in 1999.

Vittorio De Luca usually advises corporations and private equity funds, in conjunction with other law firms within the framework of international transactions involving multiple jurisdictions both in restructurings and in M&A transactions.

Thanks to his degree in Jurisprudence and in Economics, Vittorio is highly skilled in understanding business needs.Vittorio De Luca is regularly involved – as expert for employment and labour related matters – in primary reorganizations, M&A, restructuring and private equity transactions.

Vittorio De Luca collaborates regularly with “Il Sole 24 Ore” and he is author of a number of articles in the specialist press (Il Sole 24 Ore; Guida al Lavoro; Giurisprudenza del Lavoro; Contabilità, Finanza e Controllo; Direzione del Personale; HR Online; Il Commercialista – Lavoro). He has also been interviewed in mass media journals as an expert in employment law (Corriere della Sera, IR Top, Class CNBC; Rai News24, Finanza e Diritto) and is a regular contributor to seminars and conventions (Iside, LRA, Ordine dei Commercialisti).