M&A: share or asset acquisition trends in cross-border transactions

Caroline Berube is the Managing Partner of HJM Asia Law (with offices in China and Singapore). She is admitted to the New York Bar, the Singapore Bar, holds a BCL (civil law) and an LL.B. (common law) from McGill University in Montreal and studied Chinese law at the National University of Singapore. Caroline has been working in Asia for more than 22 years with SMEs, MNCs and foreign banks, advising them in the field of commercial law, intellectual property, human resources and M&A in the Asia Pacific region. With an extensive presence on the ground in Asia, Caroline is well versed in the opportunities and risks associated with most Asian jurisdictions.

I am a partner of Cuatrecasas specializing in international arbitration, global disputes and crisis management. In 2000, I joined the international arbitration and litigation team of Cuatrecasas in Barcelona. Early in my career, I was involved in mass tort litigation cases and domestic and international arbitration disputes involving M&A transactions and commercial investment (ICC, LCIA), as well as sports-related arbitration proceedings (CAS). From 2002 to 2003, I worked in the international arbitration team of Skadden, Arps, Slate, Meagher & Flom, LLP. Working in the firm’s New York office, I was involved in some of the most important international arbitration disputes involving Latin American parties (AAA, ICC). I have been the managing partner of our Shanghai office until 2019. In 2007 I moved to Shanghai to set up and manage Cuatrecasas’ first office in Asia. Since then, I nurtured an exceptional team and consolidated a sound practice in inbound and outbound investments, as well as in disputes resolution involving Asian, European and Latin American parties (CIETAC, SHIAC, SIAC, HKIAC). In 2017, we opened a new office in Beijing. I am part of the panel of arbitrators of the Shanghai International Arbitration Center. I teach courses on alternative dispute resolution mechanisms, I participate in MOOT arbitrations and write about arbitration on a regular basis. I am enthusiastic about legaltech, programming and technology applied to law. I am recommended by several directories, including Chambers Global, Chambers Asia and Legal 500 Asia.

Yohsuke Higashi is a partner at Mori Hamada & Matsumoto, one of the largest full-service law firms based in Japan, providing legal services in Japan and across Asia. He is a core member of the cross-border M&A group and has represented a number of international and domestic clients in a wide variety of M&A transactions. Mr. Higashi is also a specialist in foreign investment regulations and has rare expertise in advising international clients on the FDI screening framework under the Foreign Exchange and Foreign Trade Act of Japan. He received his LLB and JD from the University of Tokyo and LLM from the University of Chicago, and is admitted to the Japanese and New York bars.