13/03/2017 em Imprensa
Regulatory issues: how to deal with compliance
março de 2017
Dr. Cesar Amendolara representará o V&G em dois painéis durante o Congresso “Mergers and Acquisitions in Latin America: New opportunities in a changing scenario” esta semana em Buenos Aires.
Compliance issues are now more important than ever for crossborder M&A transactions. Recent high-profile corporate scandals and their political consequences, widely publicised not only throughout Latin America but globally, have vividly portrayed the impact that, for instance, corruption allegations can have on the valuation, reputation and even on the future viability of the companies involved. From the buyer’s perspective, the value of an otherwise profitable target could be greatly reduced if the ghost of corruption pops-up following the closing of the transaction. It could even expose the buyer to potential liabilities under the buyer’s own domestic anti-corruption laws. But compliance issues go beyond anti-corruption statutes to encompass antitrust, environmental, international trade, currency controls, export controls, and labour laws among all others. This session will discuss, from a practical perspective, recent trends in the handling of compliance issues and related liabilities during the due diligence stage, the negotiation of the SPA, APA or the merger agreement, and post-closing, with particular focus on the buyer’s perspective. The panel will also cover the relevance of compliance due diligence under FCPA from a US investor’s perspective.
Estif Aparicio Arias Fabrega & Fabrega, Panama City; Secretary, IBA Latin American Regional Forum
Andres Cerisola Ferrere, Montevideo; Chair, IBA Closely Held and
Growing Business Enterprises Committee
Mariano Batalla Batalla Salto Luna, San Jose; Website and Communications Officer, IBA Law Firm Management Committee
Cesar Amendolara Velloza & Girotto, São Paulo
Sergio Amiel Garrigues, Lima
Felipe Cousiño Alessandri, Santiago; IBA Council Member, Colegio de Abogados de Chile
Harvey Jay Cohen Dinsmore & Shohl, Cincinnati, OH; Senior Vice-Chair, IBA Closely Held and Growing Business Enterprises Committee
Andy J Nussbaum Wachtell Lipton Rosen & Katz, New York
Uriel O’Farrell Estudio O’Farrell, Buenos Aires; Chair, IBA Power Law Committee
EREsp nº 1027606/SP – FAZENDA NACIONAL x JOHNSON E JOHNSON COMÉRCIO E DISTRIBUIÇÃO LTDA – Relator: Min. Napoleão Nunes Tese:…