Broadcast Date: Tuesday, June 29, 2021
from 12:00 pm to 1:00 pm (ET)

Overview:

The mergers and acquisitions (M&A) landscape is expected to become more active as businesses strive to position themselves for a better economic standing amid the uncertainties brought by the COVID-19 crisis. With the continuously emerging changes, M&A activities are anticipated to thrive in several business sectors including digital and technology, Environmental, Social, and Governance (ESG), IPOs, and consumer markets.

However, along with these opportunities, risk issues remain. Some of these include the evolving regulatory pressures, the ongoing waves of COVID-19 cases, and the recent presidential transition in the US creating potential ambiguities for M&A transactions. Thus, it is of utmost importance for companies and their counsel to be on top of every development and update in this area of law. They must also be more proactive in realigning their practices with the current M&A due diligence practices to ensure sound management of legal risks.

In this LIVE Webcast, mergers and acquisitions experts Patrick Tucker (Abernathy MacGregor) and Fang Shen (Husch Blackwell LLP) will provide the audience with an in-depth discussion of M&A trends and developments in 2021 and beyond. They will also present practical strategies and best practices to manage legal challenges.

Some of the major topics that will be covered in this course are:

  • Recent M&A Trends and Developments
  • M&A and COVID-19 Implications
  • M&A Activities on Different Sectors
  • Risk Issues and Legal Pitfalls
  • Practical Tips and Best Practices
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge in corporate transactions

 

Course Code:

149234

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Patrick Tucker, Managing Director, Head of M&A and Activism
Abernathy MacGregor

Pat Tucker is a Managing Director in the firm’s New York office. He counsels management teams and boards of directors through times of change and often with significant potential impact to business-critical stakeholders. He works on strategic communications related to transactions, shareholder activism, governance, litigation, restructuring, change management, executive transition, and crisis management, among other issues.

He frequently advises public and private companies on all aspects of M&A such as interloping bidders, complex structures, antitrust review, cross-border and foreign ownership review challenges, and special committees. With a particular focus on shareholder engagement and evolving disclosure practices, he helps clients create communications strategies relating to dealing with economic shareholder activists such as Icahn, Elliott or Jana; vocal institutional investors such as Neuberger Berman; as well as environmental, social, and governance funds.

Fang Shen, Partner
Husch Blackwell LLP

As a transactional attorney, Fang concentrates on domestic and international mergers and acquisitions, loans and financing, corporate structure and joint ventures, global manufacturing and distribution, and trade compliance. Fang has significant experience representing a wide range of clients, including public and private companies as well as individuals, startups, emerging companies and large corporations.

Agenda:

Patrick Tucker, Managing Director, Head of M&A and Activism

Abernathy MacGregor

  • Deals are being challenged by activists.  Wide gap on what valuation should be, particularly in sectors negatively impacted by the pandemic.
  • SPACs are a huge and evolving part of the M&A market.  SEC scrutiny has slowed new issuance, but record number of entities hunting for a target.  Increasingly difficult to execute these deals.
  • Antitrust and political scrutiny remains a serious risk, though has not played out as publicly as expected by many yet
  • ESG playing a much bigger role in M&A both to secure support and valuation while mitigating new risks such as employee activism

Fang Shen, Partner

Husch Blackwell LLP

  • Deals are definitely picking back up, with more complexity, and many of them involving cross-border components whether with an foreign buyer or investor, or with target operation located in overseas
  • For many deals involving a foreign buyer or investor, now CFIUS filing is an issue that must be seriously looked at, including in deals where the foreign investor will only be a minority investor, as CFIUS’s jurisdiction was significantly expanded since 2019
  • US buyers with a foreign parent may be caught off guard and need to understand how CFIUS regulations impact such U.S. companies’ acquisition strategy
  • For targets involving foreign operations, be prepared for the process to take much longer with the impact of COVID

Date & Time:

Tuesday, June 29, 2021

12:00 pm to 1:00 pm (ET)

Who Should Attend:

  • M&A Counsel and Practitioners
  • M&A Lawyers
  • In-House Counsel
  • Corporate Governance Attorneys
  • Legal and Compliance Executives
  • Risk and Compliance Officers
  • Top-Level Executives
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SPEAKERS

Patrick TuckerManaging Director, Head of M&A and Activism
Abernathy MacGregor
Fang ShenPartner
Husch Blackwell LLP

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