The 2018 New York M&A and Private Equity Forum Best Practices & Emerging Opportunities in the Current Market

Shevaun McGrath, Partner, McCarthy Tetrault LLP

Kimberly C. Petillo-Décossard, Partner, Cahill Gordon & Reindel LLP

Chinese acquisitions along Belt & Road countries reached record highs in 2017, leading to speculation that outbound M&A deals from China are expected to pick up in 2018. It is also expected that most prospective deals will stem from the Belt & Road Initiative, China’s massive plan to connect Asia, Europe, the Middle East and Africa with a vast logistics and transportation network. This engaging session will take a deep dive into:

• Investments encouraged by Beijing, tied to Belt & Road investments
• Banned or restricted investments – what are they and what will the impact be?
• Assessment of outbound deal activity to date
• The impact on U.S. buyers and sellers

Moderator:
Brian Zheng, Fintech Investor, Former Fund Manager & Sector Analyst, MUFG Singapore

Panelists:
George Davidson, Vice Chairman of the Board, The National Bureau of Asian Research
Euan Rellie, Senior Managing Director, Co-Founder, BDA Partners
Feng Xue, Managing Partner & Chief Representative, Shanghai Office, Katten Muchin Rosenman LLP

Take a deep dive in analyzing the top deals to date in the greater New York area – Who is acquiring who, and why? What are the hottest sectors for deal activity and what are the trends and factors driving such activity?

• The latest data and analysis on M&A market trends
• Hottest deals to date in 2018
• Top sectors experiencing growth
• Trends driving acquisitions and new start-up ventures making an impact

Moderator:
Shevaun McGrath, Partner, McCarthy Tetrault LLP

Panelists:
Alan Konevsky, Senior Vice President, Strategic Initiatives Counsel, Mastercard
Kimberly C. Petillo-Décossard, Partner, Cahill Gordon & Reindel LLP
Youmna Salameh,  Director, Houlihan Lokey
Elizabeth Sanders, Chief Counsel, Transactions/M&A, Panasonic Corporation of North America
Konstantinos Yiannopoulos, Senior Counsel, U.S. M&A, Siemens Corporation

Shareholder activism has quickly become one of the most formidable and challenging facets of today’s deal environment. With investors and activist hedge funds adopting vigilant perspectives on public company corporate governance, the importance of understanding the nuances of activist behavior.  Learn how to address unwanted shareholder action.

• Best practices for handling insiders when negotiating a merger transaction
• Rate returns on activist funds
• The utility and limitations of an extensive pre-signing market check
• Fiduciary issues raised by exclusivity agreements and “don’t ask, don’t waive” clauses
• The target’s desire to enhance closing certainty while preserving the right to terminate in appropriate circumstances

Moderator:
Richard M. Brand, Partner, Cadwalader, Wickersham & Taft LLP

Panelists:

Stefani Carter, Senior Counsel, Estes Thorne & Carr
Quentin Koffey, Portfolio Manager, D.E. Shaw & Co.
Stefania Monda, Counsel, Corporate M&A and Capital Markets
Daniel Moore, Managing Director, Joele Frank Wilkinson Brimmer Katcher

Even the best laid M&A deal can go awry if the deal’s financing is not carefully thought out or appropriately suited for both the buyer and seller. This conversation offers practical guidance on:

• Weighing your financing options
• Bond issuance
• Debt-financed M&A
• Private equity vs. debt
• Stock issuance
• Tax liability

Moderator:
Jason Malak, Senior Managing Director, Brunswick Capital Group and Affiliates

Panelists:
Neil Foster, COO & CFO ChryonHego Coporation
Michael Lasch, Co-Founder and Managing Partner, Pine Street Capital
William J. Miller, Partner, Cahill Gordon & Reindel LLP
Richard D. Smith, Partner, Nelson Mullins LLP

Buyers often tend to view prospective acquisitions through rose-colored glasses. As a result, important deal facets and aspects of the acquisition target may be missed. This invariably leads to additional time and costs in closing the deal, or in potentially derailing the deal altogether. While due diligence is a time consuming and extremely detailed endeavor, it is vital that the buyer conduct a thorough and complete due diligence investigation and risk analysis.

• Cybersecurity and data privacy risks
• Strategic fit with buyer
• Financial performance, growth margins and projections
• Technology and IP
• Customers and sales

Moderator:
Heidi Gordon, Associate, McCarthy Tetrault LLP

Panelists:
Lisa Hageman, Senior Vice President & Assistant General Counsel, Global M&A, Diageo
Adele Hogan, Director, Deutsche Bank
Keeley Mooneyhan, President & Co-Founder, HR Matters, Inc.
David R. Owen, Partner, Cahill Gordon & Reindel LLP