Conference programme

The only constant in life is change. Embracing that simple truth, this session will look at some of the latest trends and developments in European private mergers and acquisitions (M&A), including:

• buyer or seller’s market: where are we?
• EU Regulation on foreign subsidies;
• warranty and indemnity (W&I) insurance: going to the limits of coverage and case study; and
• the impact of new environmental risks on deal terms.

The economic playing field has changed considerably in recent years and private equity (PE) deals in particular need to be adapted and aligned to this new environment. This panel will consider recent evolutions shaping current PE deals, as well as discussing the industry more generally with a particular focus on:

• developments in management packages;
• deal economics in the current environment; and
• general partner (GP) consolidation.

Successful business leaders of today have to be everything, from competitive entrepreneurs to collaborative diplomats; they need to inspire others, convey purpose, preserve values and value, walk the talk and make the right decision quickly based on incomplete information. At the same time, they are confronted with challenges and opportunities that have never been more dynamic or complex. Our moderator will casually discuss with our guest the life of a business leader in the past, the present and the likely future.

In the last few years foreign direct investment regimes have mushroomed in various shapes and forms, in many jurisdictions around the world. They have also become an important reality in the European M&A world and need to be addressed properly in transaction agreements. While we are more accustomed to negotiating provisions for antitrust clearance, terms and conditions relating to FDI regimes are a relatively new challenge. The panel will briefly elaborate on the latest developments in the area of antitrust and FDI, as well as highlight some commonalities and differences of those regimes. However, the main part of the session will be dedicated to a live mock negotiation of FDI provisions in a European acquisition agreement.

In distressed deals enhanced risk meets opportunity. Such transactions promise to a buyer to be a bargain, as distressed sellers are usually forced to give considerable concessions in order to close a deal as soon as possible. To secure the deal, the buyer needs to keep that pace and act swiftly. Still, the last thing your client wants to do is to buy a problem without due consideration. Therefore, you need to get your act together promptly. The panel will highlight the main challenges of a distressed transaction in Europe and the precautions to take; it will also discuss the intricacies of deals with negative price, highlight the new EU rules on the treatment of shareholders and creditors and explore their influence on distressed deals now and in the future.

Leading a cross-border M&A transaction is pretty much like conducting a philharmonic orchestra: you need to have the right rhythm, keep the momentum, communicate clearly, anticipate the next notes and keep all the involved parties in tune.
This panel will discuss the more general challenges of such a deal and exchange best practices and helpful tips how to manage such a project efficiently and effectively.

As a consequence of the war in Ukraine, political tensions and conflicts around the world, higher interest rates, dislocations in the markets and the general economic downturn, litigation has again become more prevalent following the closing of M&A deals. This session will discuss the most common post-closing litigation issues and how to professionally handle them, in both insured and uninsured deals.

Have you ever had to conduct sales presentations to win business? Surely you have! Interestingly, however, most of us have never been formally taught this skill and so generally think it is more a question of talent and luck than of hard work and preparation. The short response to this is: presenting at a so-called beauty parade is both an art and a science. In this session, the panel will engage in a live pitch. Two transaction lawyers will be pitching together for an upcoming major cross-border transaction and two general counsels will, under the lead of our moderator, evaluate the pitch. In doing so, the panel will cover the most important aspects that you need to consider for your next pitch!