Conference programme

This engaging breakout session delves into the transformative role of artificial intelligence (AI) in the realm of mergers and acquisitions (M&A). Attendees will gain valuable insights into key aspects of AI's impact on the M&A process including: 

• contracts preparation: learn how AI streamlines and enhances the contract drafting and review process in M&A transactions, increasing efficiency and accuracy, and reducing the risk of errors;
• due diligence: explore the power of AI-driven due diligence tools that enable comprehensive analysis and identification of risks and opportunities, revolutionising the due diligence phase of M&A; and
• responsibility for lawyers using AI: discuss the ethical and professional considerations surrounding the use of AI in M&A, including the evolving roles and responsibilities of lawyers in leveraging these advanced technologies.

Join us for a dynamic discussion that will shed light on how AI is reshaping the landscape of M&A, making it smarter, faster and more effective, while also addressing the ethical and legal implications of this transformative technology.

Antitrust, compliance and data privacy are currently some of the top priorities in our world. Not only do we need to comply with legal requirements but also, and even more importantly perhaps, reputational goals are crucial. All three aspects will be analysed.

China is gaining political influence through acquisition of companies through public (state owned) Chinese companies.  What is the best way to deal with that vis-a vis the necessity of investments? How does it influence M&A activities in the region?      This session will discuss the current state of Chinese investment into North America and Latin America. What actions are necessary to avoid the difficulties and restrictions faced in the past when Chinese investments started in the region? The panelists will bring examples of successful cases in several North and Latin American jurisdictions. They will discuss whether Chinese investment is necessary and how to rebuild the bridge between China and the Americas. What are the most attractive sectors to be invested in? Neo-industrialisation, ESG (environmental, social and corporate governance) and renewable energy must drive the new era of investments.

Latin America is commonly perceived to experience lower levels of M&A-related litigation than countries in other regions. However, not all M&A transactions begin and end the same – ie beginning where the buyer approaches the seller and ending when the seller receives funds and the deal is closed. Indeed, the perception that litigation is slower is therefore a reason, but disputes involving participants in M&A transactions across the region are common. The panel, together with those of you who decide to attend, will explore how the overcrowding of justice systems in countries around Latin America plays a role in the lack of M&A related litigation. We will also discuss the preference by parties to M&A deals for arbitration, rather than domestic courts or alternative dispute resolution procedures.  Although it could be said that most disputes are settled through direct conversations between principals, as opposed to formally starting lawsuits or arbitration proceedings, we will also aim to discuss problems between parties where claims are more commonplace and frequently contested or challenged, including: post-closing indemnification, purchase price adjustments, concerns about escrow agreements and possible sums that may be retained. We will not only explore those mechanisms used for funding and securing an indemnity (ie, escrow agreements), but also other mechanisms such as set-offs against future payments (particularly earn-out payments) and a partial holdback of the purchase price. Where applicable and publicly available we will also discuss and explore how tribunals have handled such situations.

The panel will address how the use of this insurance has evolved in the region, as well as what the peculiarities are for policies issued in the region, in contrast to other markets.  
The panel will also discuss the trends by brokers and insurance companies for pricing representations and warranties (R&W) Insurance depending on different circumstances.

In recent years, the field of compliance in Latin America has evolved. Corruption scandals have led to significant regulatory reforms, and compliance requirements related to anti-corruption and anti-money laundering have increased. As a result, compliance advisory services are becoming more relevant and necessary across various legal practices and client activities. This panel will address the challenges and opportunities that compliance practices represent for firms in Latin America and explore the key services offered, including due diligence, reputation analysis, integrity system implementation and internal investigations of corruption cases. We will review the importance of law firms providing specialised and cross-functional compliance services to their clients.

Latin America remains an energy-rich region waiting to unlock its potential; from oil and gas, to traditional power and renewables, and the emerging energy transition landscape. The panel will discuss the current challenges that Latin American countries face in order to continue developing the energy industry.

Corporate governance plays an increasingly important role for both regulated and unregulated companies in Latin America. A broad range of issues fall under the purview of ‘corporate governance’, ranging from protection of minority shareholders and issues dealing with shareholder activism, to ESG matters. On the M&A front, the increased sophistication of large local buyers and the active participation of foreign private equity funds and institutional investors which abide to corporate rules and policies in their purchases, have also raised the importance of these matters. In this panel, we will provide a general view on the subject and discuss trends in corporate governance throughout the region, with emphasis upon its impact on M&A transactions. Join us for an insightful panel discussion on the intricacies of corporate governance in the ever-changing Latin American M&A landscape.