Lessons Learned from COVID-19...So Far (Nov 2020)

COVID-19 has prompted dealmakers to shake-up their approaches to doing deals and fine-tune their transaction agreements. Hear from seasoned practitioners on how deals are getting done, important issues to spot and key clauses to include in deal documents to avoid pitfalls and give clients the edge.

Originally presented at: Oct 2020 Mergers and Acquisitions Institute

Igor Kirman, Wachtell, Lipton, Rosen & Katz - New York, NY
Samantha Hale Crispin, Baker Botts L.L.P. - Dallas, TX
Jenny Hochenberg, Cravath, Swaine & Moore LLP - New York, NY
Robert B. Little, Gibson, Dunn & Crutcher LLP - Dallas, TX

Opportunistic M&A: Key Considerations For Today's Distressed Deal (Nov 2020)

With the fallout from the COVID-19 pandemic, the gyrating stock market, and unprecedented amounts of dry powder for financial sponsors, there is a unique opportunity for distressed M&A. Hear insights into dealmaking in the current environment, including an overview of types of distressed opportunities and practical tips for advising your sell-side and buy-side clients from both a legal and financial advisor perspective.

Originally presented at: Oct 2020 Mergers and Acquisitions Institute

Rita-Anne O'Neill, Sullivan & Cromwell LLP - Los Angeles, CA
Christina Carroll, Stout - Los Angeles, CA
Diego E. Gomez-Cornejo, McDermott Will & Emery - Dallas, TX
Michael A. Saslaw, Vinson & Elkins LLP - Dallas, TX

How Transactional Insurances Continue to Change the M&A Game (Nov 2020)

RWI and other transactional insurances continue to re-define transaction risk allocation. Get an overview and the market terms for these insurances as well as how practitioners are using them to solve sticky transaction issues.

Originally presented at: Oct 2020 Mergers and Acquisitions Institute

David Rex, Prophet Equity - Southlake, TX
Robert R. Kibby, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX
Christina A. Tate, Winston & Strawn LLP - Dallas, TX
Andrew Zimmerman, Willis Towers Watson - New York, NY

Dealmaking in a Distressed Energy Market, aka "It’s Déjà Vu All Over Again" (Nov 2020)

The commodity cycle has turned again, and viciously this time. Bankruptcies and restructurings are plentiful, and transacting in this environment is challenging. Explore issues facing sellers in a distressed market, landmines for buyers to avoid and alternative structures that have emerged as a result of the stress & distress in energy markets.

Originally presented at: Oct 2020 Mergers and Acquisitions Institute

J. Holt Foster III, Thompson & Knight LLP - Dallas, TX
Robert Teigman, Houlihan Lokey - Houston, TX
Cliff W. Vrielink, Sidley Austin LLP - Houston, TX
Sean T. Wheeler, Kirkland Ellis LLP - Houston, TX

M&A Cartoon Showcase (Nov 2020)

With the aid of a humorous series of animated M&A negotiating cartoons, the panelists illustrate and comment on the often contentious battles between buyers and sellers in the negotiation of several key provisions in the definitive acquisition agreement. Among the controversial provisions highlighted are the “10b-5” representation, the "consequential damages" waiver and the “accuracy of representations” condition.

Originally presented at: Oct 2020 Mergers and Acquisitions Institute

Richard E. Climan, Hogan Lovells US LLP - Menlo Park, CA
Joel I. Greenberg, Arnold & Porter Kaye Scholer LLP - New York, NY

Trending Topics in Indemnification in Uninsured M&A (Nov 2020)

Risk allocation continues to be one of the most important and nuanced subjects in structuring private target M&A transactions. With a focus on uninsured deals, review recent trends and developments in the indemnification arena and learn what practitioners need to know today and tomorrow.

Originally presented at: Oct 2020 Mergers and Acquisitions Institute

Mark S. Solomon, Katten Muchin Rosenman LLP - Dallas, TX
Craig Menden, Willkie Farr & Gallagher LLP - Palo Alto, CA
Michael G. O'Bryan, Morrison & Foerster LLP - San Francisco, CA
Jennifer T. Wisinski, Haynes and Boone, LLP - Dallas, TX

Fraud Carveouts and Other Traps for the Conventional Thinker: A Conversation with Glenn West (Nov 2020)

Originally presented at: Oct 2020 Mergers and Acquisitions Institute

Jessica C. Pearlman, K&L Gates LLP - Seattle, WA
Glenn D. West, Weil, Gotshal & Manges LLP - Dallas, TX