Corruption, Deception and the Importance of Due Diligence

Corruption, Deception and the Importance of Due Diligence
American Bar Association Section of International Law - Grand Hyatt
Cross-border acquisitions by private enterprises have been driven by increasing integration of markets worldwide and the dramatic global economic recession. These situations have combined to offer a unique set of opportunities for private enterprises wishing to expand internationally. More realistic price expectations from sellers offer private enterprises the possibility of breaking into new markets and/or consolidating their position in foreign markets. However, taking advantage of these opportunities through cross-border acquisitions presents unique challenges for private enterprises. Unlike transnational companies, private enterprises often lack management resources and international transactional experience. This session will provide an overview of some of the emerging business, legal, and economic trends and opportunities for private enterprises in global corporate middle-markets. It will also focus on some of the traditional cultural and regulatory obstacles to a successful cross-border acquisition and ways to overcome them. Our panel will provide insights into the experience of the owner-manager in implementing the cross-border acquisition, the corporate finance intermediary seeking to broker the deal, and the target company management team in the sale process. What are the key challenges to a successful cross-border acquisition? What are the priority issues? And what can legal advisers do to help navigate a smooth path for all parties?"