The Guide to Mergers and Acquisitions - Fourth Edition

Editors: Paola Lozano and Daniel Hernandez

Pages: 303

ISBN: 978-1-80449-271-0

Published by Latin Lawyer and LACCA, edited by Paola Lozano and Daniel Hernández of Skadden, Arps, Slate, Meagher & Flom LLP, this fourth edition of The Guide to Mergers and Acquisitions provides guidance that will benefit all practitioners acting in Latin American mergers and acquisitions.

M&A activity in Latin America has grown significantly in recent decades, and deals are increasingly complex. This guide draws on the expertise of highly sophisticated practitioners to provide an overview of the main elements of dealmaking in a region shaped by its cyclical economies and an often volatile political landscape. Its aim is to be a valuable resource for business people, investors and their advisers as they embark on M&A transactions.

Introduction

Paola Lozano and Daniel Hernández

Part I: Key Players in Latin American M&A

The Rise of Multilatinas and the Implications for M&A Deals in the Region and Beyond
- Federico Grebe, Rafael Boisset, Claudia Barrero and Martín Cruzat Philippi, Prietocarrizosa Ferrero DU & Uría
Private Equity Funds and Institutional Investors in M&A
- Maurizio Levi-Minzi, Peter A Furci, Andrew M Levine and Jonathan Adler, Debevoise & Plimpton LLP
Key Terms and Trends in Venture Capital Investments
- Joaquin Perez Alati, Mariana Seixas
  SoftBank Investment Advisers
M&A Involving Family-Owned Targets in Latin America
- Isabela Martins Xavier, Gustavo Deucher Brollo
  Araújo e Policastro Advogados
Privatisations in Colombia and M&A Transactions with Government Entities
- Lina Uribe García,Juan Pablo Caicedo De Castro
  Gómez-Pinzón

Part II: New Transaction Dynamics and Evolving Trends in Latin America

Distressed Mergers and Acquisitions: Lessons from the Venezuela Experience
- Fulvio Italiani, Giancarlo Carrazza
  D’Empaire
The Latin American M&A Market from an ESG Perspective
- Randy Bullard,Giselle C Sardiñas,Daniel Villa
  Morrison & Foerster LLP
Representations and Warranties Insurance in Latin American M&A: A Long-Awaited Alternative in the Face of Current Challenges
- Paola Lozano,Ralph E Pérez,Daniel Hernández
  Skadden, Arps, Slate, Meagher & Flom LLP

Part III: New Transaction Dynamics and Evolving Trends in Latin America

Preliminary Legal Documents in Mexican M&A Transactions
- Pablo Mijares,Patricio TradMijares
  Angoitia, Cortés y Fuentes
Indemnity Escrows and Other Payment Guarantees
- Luis Burgueño,Alberto Córdoba,Elías Jalife
  Von Wobeser y Sierra

Paola Lozano

Paola Lozano is a New York-based M&A partner at Skadden, Arps, Slate, Meagher & Flom LLP. She is the co-chair of Skadden’s Latin America Group and the head of the firm’s Spanish language corporate practice. She has also served as a member of Skadden’s Policy Committee.

Paola has been repeatedly recognised by her clients and colleagues. Among others, she was Latin Lawyer’s ‘2019 International Lawyer of the Year’, a New York Law Journal ‘2019 Distinguished Leader’ and one of Crain’s ‘New York Business Notable Women in Law 2019’. She has also been ranked as Band 1 for corporate M&A in Latin America by Chambers (the first and only woman to achieve that ranking) and is also included as a top attorney in Lawdragon 500 Leading Lawyers in America (2014–2020); Latinvex Latin America’s Top 100 Lawyers (2014–2020) and Latinvex Latin America Top 50 and Top 100 Female Lawyers (2013–2020).

Her M&A practice focuses on cross-border transactions throughout the Americas and globally, including mergers, acquisitions, dispositions, joint ventures, private equity and venture capital transactions, as well as other complex corporate matters. Her clients include Fortune 500 companies, multinationals, multilatinas, private equity and venture capital funds, family offices and other privately held companies.

She is admitted to practise in New York and Colombia.

Daniel Hernández

Daniel Hernández is an associate at Skadden, Arps, Slate, Meagher & Flom LLP. He represents multinational corporations, institutional and financial investors, family offices and other privately held companies in mergers, acquisitions, joint ventures, private equity and venture capital transactions, as well as other complex corporate transactions, concentrating in cross-border M&A throughout Latin America.

He has more than 10 years of experience in cross-border M&A transactions involving Latin American parties, targets and assets while based in New York, Brazil and Colombia. Daniel has an LLM degree from Harvard Law School and graduated first in his JD class from Del Rosario University (Colombia).

He is admitted to practise in New York and Colombia.