IPBA 2021

Pitfalls in Due Diligence

Organised by: Cross-Border Investment Committee

Session abstract:

Needless to say, conducting proper due diligence is one of the most important factors to ensure a successful M&A transaction.

However, oftentimes due diligence is not an easy or straightforward process and entails pitfalls that can significantly and adversely impact the transaction.

The Panel will discuss some of the pitfalls in due diligence for cross-border M&A transactions.
Panelists from various jurisdictions will provide their insights and discuss how to avoid pitfalls in these transactions and best due diligence practices.

s

Kenichi Sekiguchi
Partner
, Mori Hamada & Matsumoto
Tokyo

Kenichi Sekiguchi is a partner at Mori Hamada & Matsumoto and a core member of its cross-border M&A advisory team. His practice ranges from advising on M&A transactions and establishment of joint ventures to general corporate matters and M&A related disputes. He advises both domestic and international clients including industrial clients as well as private equity firms in a variety of transactions. His wide range of experience enables him to provide comprehensive advice including matters relating to post-acquisition strategy.

Picharn Sukparangsee
Partner
, Bangkok Global Law
Bangkok

Picharn Sukparangsee is a founding partner of Bangkok Global Law.

He is one of leading lawyers in Thailand in respect of Corporate & Commercial Law, M & A transactions, Securities, Banking and Finance and taxation law (specialising particularly in finance, securities and taxation law). He is also an experienced litigation law and handles very important cases involving legal disputes.

Picharn Sukparangsee is an active member of the Legal Tax Committee and the Tax Committee of the American  Chamber of Commerce in Thailand and the Legal and Tax Committee of the British Chamber of Commerce in  Thailand.

He contributes to various international publications, including ‘Doing Business handbook’, published by The World Bank Group.

Memberships

– Thai Bar Association from 1986 to present
– Lawyers Council of Thailand from 1989 to present
– International Bar Association from 2009 to present
– International Fiscal Association from 1995 to present
– Inter-Pacific Bar Association from 2010 to present
– The American Chamber of Commerce in Thailand (AMCHAM) from 2008 to present
– The British Chamber of Commerce in Thailand (BCCT) from 2008 to present
– International Chamber of Commerce (Thailand) from 2008 to present
– Thai Chamber of Commerce (TCC)

Speakers

Santiago Fontana
Partner
, Ferrere (Uruguay)
Montevideo

Santiago Fontana is a partner in the Montevideo (Uruguay) office of FERRERE, the largest law firm in Uruguay and the only multi-jurisdictional purely South American law firm (with offices also in Bolivia, Ecuador and Paraguay). Santiago is a partner in the Corporate and M&A practice, with a focus on Agribusiness. He has participated in the majority of the most important transactions in this sector that have taken place in Uruguay in recent years, including the purchase of two meatpacking plants by a Chinese company and the acquisition of the largest meatpacking plant in Uruguay by one of Japan’s top food companies.

Hong Bui
Partner
, LNT & Partners

Mr. Hong Bui is a Partner of LNT & Partners, in charge of the firm’s Corporate practice group.  Mr Hong is sought for advice on M&A, joint ventures, deal structuring, company restructuring, contractual matters, employment, dispute settlement, corporate governance, and corporate investigation.

Mr. Hong Bui is a frequent contributor to local and regional business publications. He is also a regular speaker at conferences and seminars on foreign investment, M&A, restructuring, contracts, employment, and dispute settlement in Vietnam.

Mr. Hong has been recognized as Commended External Counsel of the Year by the In-house Community, consecutively from 2016 – 2020.”

Fausto Romero-Miura
Corporate Partner
, Pérez-Llorca
Madrid

Fausto has been a Corporate partner at Pérez-Llorca since January 2007. He currently heads one of the Corporate teams at the Firm, as well as its Asian Desk. His main areas of practice are M&A, Real Estate and Funds. He advises on transactional work in Spain and on cross border transactions.

He features in various legal directories such as Chambers Global, Chambers Europe, IFLR 1000, Legal 500 and Best Lawyers®, having been very recently named the 2018 Best Lawyers® “Lawyer of the Year” for Real Estate Law in Madrid.