American Bar Association International Law Fall Meeting 2017 - Due Diligence in International MA Transactions in a New Protectionist Era

Jessica Horwitz presented at the American Bar Association on Due Diligence in International M&A Transactions in a New Protectionist Era (Business Law). Panel description: Since winning the 2016 election, President Trump has sought to implement a number of protectionist measures that he believes will help to fulfill his “Make America Great Again” campaign pledge. Conversely, a number of countries, including Brazil, have taken actions to open their markets. These developments are making it very challenging for companies engaging in international merger and acquisitions (M&A) and the lawyers who advise them on such deals. During this lively program, a panel comprised of in-house counsel and private practitioners from the U.S., Canada, and Latin America will analyze several hypothetical transactions to demonstrate the opportunities and challenges that exist for companies seeking to pursue international M&A deals in this new era. They also will discuss recent enforcement developments where U.S. authorities have relied on the successor liability doctrine to impose penalties on acquirers for violations of U.S. export controls and economic sanctions committed by the target company prior to the acquisition. In addition, the panelists will offer recommendations for effectively complying with U.S., Canadian, and Brazilian trade and investment laws when pursuing international M&A deals.