Current Trends in M&A Deals

With growth and globalization on the checklist of most of today’s businesses, the pace of M&A activity is both rapid and robust. Yet, the challenges that result from these transactions are many, especially when it comes to cross-border deals. There is no doubt that it is crucial for dealmakers to stay up to date on the latest trends and forecasts.

We invite you to join us for a networking breakfast and informative presentation.

Agenda

Representations and Warranties Insurance and Other Ways to Manage Deal Risks Through Insurance

This discussion will cover current trends in M&A insurance, including the growing market for representations and warranties insurance, tax insurance, and other contingent liability insurance solutions.

Presented by: Craig Schioppo, Transactional Risk Practice Leader/Managing Director, FINPRO
Marsh USA Inc.

As the Transactional Risk Practice leader, Craig is known as an authority in the insurance of financial and transaction risks, including M&A insurance, tax insurance, and insurance programs addressing regulatory, environmental, and litigation risks.

Current Trends in Financial Due Diligence and Revenue Recognition

This discussion will include the assessment of financial statements at the time representations are made versus use of hindsight, key accounting areas that are typically subject of disputes, and how damages are determined — one-time items versus diminution in value.

Presented by: Peter Resnick, Partner and National Practice Leader/Investigations Practice, Forensic and Advisory Services
Grant Thornton LLP

Peter is the New England leader of Grant Thornton’s Forensic Advisory Services Practice. Previously, he was the co-national leader of the Disputes & Investigation Practice of a nationally recognized consulting firm. Peter has significant experience in forensic accounting, financial consulting, financial statement audits, accounting, valuation, and fraud investigations.

Indemnification Provisions and Escrow Agreements

This discussion will include the use of indemnification and escrow provisions in transactional documents, including baskets and caps, duration of obligations, carveouts, and third-party claim considerations.

Presented by: Susan Pravda, Partner, Managing Partner/Boston Office
Foley & Lardner LLP

Susan focuses her practice on mergers and acquisitions, venture capital, initial public offerings, and related securities transactions. She serves as chief strategic talent acquisition partner for the firm and is a managing director of Foley Ventures LLC, a venture capital fund.

Hosts and Moderators
Shawn Donaher, Client Executive
Marsh USA Inc.

David Ghilardi, Vice President
Marsh USA Inc.

James Nicholas, Partner
Foley & Lardner LLP

We are looking forward to seeing you at this timely and Informative program. Please feel free to contact Brook Radford at bradford@foley.com with any questions that you may have.