Organised by: Cross-Border Investment Committee
Session abstract:
A growing number of international investments include a large number of jurisdictions, often over multiple continents. Sometimes there are certain lead jurisdictions and jurisdictions of less importance but often all jurisdictions are more or less equally important. This is especially the case if shares/assets are not transferred indirectly through the acquisition of a parent company but need to be transferred in each jurisdiction separately. What are the challenges legal advisors face in these transactions? How do they differ between international firms and networks of independent firms? How can a consistent level of high-quality legal advice be ensured? What are suitable tools to organize work streams and teams, for example, in the due diligence to produce a consistent due diligence report? How do you manage time zones and different approaches to work? How can conflicting laws be brought together? The session will discuss the experiences of the speakers in these kinds of transactions and develop solutions to ensure high quality legal advice.
Christopher Vogl
Christopher is a Corporate/M&A lawyer at German law firm Gleiss Lutz specializing in cross-border M&A transactions and corporate matters. A particular focus of his practice is advising Japanese clients on their investments in Germany and other European countries.
Christopher studied at the universities of Passau, Frankfurt and Kyoto. He lived over two years in Japan working, among others, at the Japan Fair Trade Commission in Tokyo and the legal department of a German corporate.
He is a member of the Inter-Pacific Bar Association (IPBA), the Japanese-German Business Association (DJW) and the German-Japanese Association of Jurists (DJJV).
Christopher speaks German, English and Japanese.
Speakers
Hideaki Roy Umetsu
Hideaki Roy Umetsu is a partner at Mori Hamada & Matsumoto. He focuses on international and domestic M&A transactions, global compliance matters, including anti-corruption compliance, establishing appropriate global compliance programs for oversea subsidiaries and conducing or assisting internal investigations. He also gives advice on export controls and other trade-related matters. He was admitted to the bars in Japan (2004) and New York (2010). Umetsu was educated at the University of Tokyo (LL.B., 2003) and the University of Chicago Law School (LL.M., 2009). From 2006 to 2007, he worked as an associate director at the Ministry of Economy, Trade and Industry of Japan, and he also worked as a foreign associate at Davis Polk & Wardwell from 2009 to 2010.
Jacques Buhart
Jacques Buhart focuses his practice on cross-border mergers and acquisitions.
Jacques has developed substantial knowledge of various industries, including nuclear, telecommunications, technology, pharmaceutical, paper manufacturing
and energy. He is head of the Firm’s Paris and Brussels offices.
In his cross-border transactional practice, Jacques has represented multiple international groups, such as Mitsubishi Heavy Industries in its attempt to
acquire Alstom with Siemens, Nidec on its joint venture agreement with the Peugeot Group, Canon in its acquisition of OCE, Metsä Group in various
acquisitions and divestitures in Europe, Toyota Motor Corporation in setting up its plant in France, Sonera in corporate matters in Turkey and Central Europe,
TUI in acquisitions in France, Atos Origin in acquisitions of Banksys in Belgium, Caisse de dépôt et placement du Québec and numerous other French
and international public and private companies on public bids, acquisitions and sales of entire businesses and divisions, divestitures and joint-ventures.
He has published widely on topics of mergers and acquisitions in Europe, the US and Asia. He has served as chair of the International Bar Association’s section
on business law from 2001 to 2003. He is a member of the board of the Sorbonne Law School.
Heiko Wiechers
Heiko Wiechers is a corporate lawyer focussing on domestic and cross-border transactions and reorganisations. He advises his clients on foreign investments and on joint ventures, in particular with a focus on Asia.
Heiko’s clients include international groups as well as medium-sized companies and family businesses. He has long-standing experience with shareholder disputes and advising family-owned companies on M&A transactions.
He joined CMS in 2002 and was made partner in 2009. In 2007/2008, he spent 10 months working with a leading law firm in New Delhi. Prior to becoming a lawyer in 2000 Heiko served as an officer in the German Air Force and was trained as a business administrator with Siemens AG.
Dr. Heida Donegan
Dr Heida Donegan is a partner at Dentons Kensington Swan in New Zealand. Heida has significant experience in corporate and commercial law and specialises in advising clients on cross-border investments, mergers and acquisitions and joint ventures. She also leads the firm’s Asia Business Team.
Prior to joining Dentons Kensington Swan, Heida was a partner in a global law firm practising off Hong Kong and China. She was also a China-Appointed Attesting Officer appointed to practice in Hong Kong by China’s Ministry of Justice. For many years Heida led the firm’s corporate practice specialising in in-bound investment work for multi-national companies investing in China and other parts of Asia.
With over 25 years’ experience as a cross-border investment law specialist, Heida assists overseas clients to acquire, establish and sell businesses and assets, form joint ventures with domestic businesses and operations, and raise capital in New Zealand. She oversees all stages of these transactions from due diligence, through to documentation and advising on regulatory processes, including helping clients with obtaining consents to acquire and develop significant business assets and sensitive land under the Overseas Investment Act and Regulations. Heida regularly advises clients on project development transactions canvassing a diverse range of sectors.
Eric Franco
Lawyer, arbitrator and lecturer. Has worked on construction and engineering projects and disputes in Latin America, Europe and Asia, as in-house counsel for owners and for an international contractor, as well as external counsel, arbitrator and legal expert. Currently works as general counsel of Engie in Peru, a large international company in the power and energy sector, sits regularly as arbitrator and acts as legal expert. Lecturer on construction law and dispute resolution.
As an arbitrator, is involved mainly on construction and engineering disputes related to private and public works contracts for the construction of power plants, mineral processing plants, sewage projects, roads, hospitals, shopping malls, schools, buildings and public private partnership contracts. Has been recognized in band one of the highly recommended arbitrators in Peru by Leaders League 2018 and 2019.
Holds an Msc in Construction Law and Dispute Resolution, Kings College London and is the Kings College London Alumni Leader in Peru. Member of the ICC Latin American Group. Regularly speaks at local and international conferences and publishes articles on law and other topics. Founder of the Peruvian Society of Construction Law. Member of the ICC Task Force on “Arbitration of Climate Change Related Disputes”.
Gregory A. Buxton
Greg leads Winkler Partners corporate transactional practice focusing on capital markets, mergers and acquisitions, private equity and venture capital investments, corporate restructurings, and a variety of other general corporate transactions. Greg has a particular strength supporting clients on mergers and acquisitions and private equity investments across Asia and assisting them with blockchain and distributed ledger technology matters.
Greg previously worked at well known law firms in New York and Hong Kong assisting global banks and other corporate clients execute public and private securities offerings as well as cross-border acquisitions. Greg is the co-founder of Asiad, a boutique investment company focused on online technology startups in Asia, where he maintains a board seat.
Greg is admitted in the State of New York and is registered as an Attorney of Foreign Legal Affairs with Taiwan’s Ministry of Justice. Greg received his J.D. from the University of Virginia School of Law and a B.A. from Harvard University