Locking the deal-making gates: the world turns protectionist
State intervention in foreign direct investments and the effects on the transaction process
In recent years there has been a paradigm shift in the importance and frequency of foreign investment reviews as part of the deal process. An increasing number of jurisdictions have introduced rules restricting foreign investment or have strengthened existing rules.
The economic woes sparked by the Covid-19 crisis have given this general development an additional spin as many governments are intent on protecting crisis shaken companies from potential acquirers, short-sellers and hedge fund activists looking to take advantage of the situation: Australia has lowered the threshold for government approval of foreign investments to 0%. Ursula von der Leyen, president of the European Commission, urged EU Member States to use all options to protect critical European companies from foreign takeovers or influence that could undermine our security and public order, and voices from politicians in European countries and responses from US companies veer towards a similar direction.
The webinar aims at analysing general attitude towards foreign investments, development of existing restrictive rules, and influence of the Covid-19 crisis on this development as well as giving an outlook to the future. A comparative review of the developments and regulations in a number of key jurisdictions around the world will be presented and discussed.
Sven has been a partner of Pavia e Ansaldo since 2009 and is working out of the firm's Milan office, where he also heads the Desk Germany. He specialises in advising foreign clients on their investments and operations in Italy and in cross-border transactions, with a special focus on the German-speaking countries. He also represents his Italian clients in their dealings in these countries. Sven has extensive experience in the areas of mergers & acquisitions and joint ventures, as well as in corporate law, commercial contracts and the renewable energy sector.
Steven A Cohen
Steve Cohen joined Wachtell, Lipton, Rosen & Katz in 1992 and became a partner in 2000. He practices corporate and securities law, concentrating on corporate governance and complex mergers and acquisitions. He has represented numerous public and private businesses, and their boards and special committees, in M&A, spin-off and other reorganization transactions, both friendly and contested; entrepreneurs in establishing and growing new businesses; and companies and boards in connection with shareholder activism and proxy contests. Mr. Cohen has also worked extensively on a variety of cross-border transactions.
Mr. Cohen graduated from Columbia College in 1988 and received a J.D./M.B.A. from the Columbia University School of Law/Columbia Business School in 1992.
Mr. Cohen is the Vice Chair of the IBA's Corporate and M&A Law Committee and a member of the American Bar Association. Most recently, Mr. Cohen has spoken about M&A at the International Bar Association's Annual Conference (Rome, Sydney and Washington); and is the Co-Chairman of the annual IBA Private Equity Transactions Symposium (London); and has taught at Columbia Business School and Stanford Law School. Mr. Cohen is also a frequent lecturer and publisher on corporate law and M&A transactions.
Mr. Cohen also has spoken at the ALI-ABA seminar on Negotiating the M&A Deal, the Harvard Law School/Business School Symposium on Negotiations and the New York Law Journal Seminar "Negotiating Corporate Acquisitions - Public and Private."
Mr. Cohen lives in Manhattan with his wife, daughter and son.
Arthur Davis
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Patrik Peyer
Patrik Peyer is Partner with the Swiss commercial law firm Niederer Kraf Frey Ltd. in Zurich. He is a Corporate law specialist with a main focus on M&A transactions and complex corporate law matters.
His M&A experience includes both public and private transactions in various industries with an emphasis on advising investors, entrepreneurs and portfolio companies throughout the entire life cycle of private equity and venture capital investments.
Patrik Peyer also has a broad experience advising board of directors and executive managements on Corporate Governance and remuneration issues.
Dominik Ziegenhahn
Dominik Ziegenhahn is a partner of the renowned German law firm Raschke von Knobelsdorff Heiser (RKH). Dominik specializes in national and cross-border M&A, PE and VC transactions as well as in corporate litigation and arbitration. Amongst his clients are listed and owner-managed companies, international groups of companies, family offices and other private and institutional investors. Dominik has developed a strong regional focus on China, Italy and the United States. Prior to joining RKH, Dominik practiced for 7 years as corporate/M&A lawyer with Freshfields Bruckhaus Deringer and for 5 years with Graf von Westphalen. Since 2019, Dominik is also managing director of the Chinese European Arbitration Centre (CEAC) with seat in Hamburg.