Mergers and acquisitions (M&A) activity for assets subject to crisis or financial difficulty (distressed) has been and should continue to be strong in Brazil.This edition of LS Brazil Outlook addresses some legal challenges involved in these transactions. The position of the seller's creditors in an asset M&A under crisis is always a key factor in the success of the transaction, although commonly underestimated. Sandbagging clauses, which are a way of allocating risks between buyer and seller, must be treated carefully to ensure their validity in the event of litigation. M&As involving public counterparties require sensitivity to social, political and regulatory issues. Competitive aspects, of potential market concentration by the buyer, also need to be considered.
Mariana Tavares de Araujo and Alexandre Faraco contributed to the publication which maps the challenges faced by the regulation authorities
Read moreEduardo Salomão and Luiz Roberto de Assis publish Q&A on fund finance regulations in Brazil
Read moreDistressed M&A transactions entail the concrete risk of interference from seller’s creditors, but creditors’ perspective is seldom addressed. Given the challenges that they may face, creditors should be careful in seeking the appropriate protection...
Read moreIn a scenario of uncertainty, mergers and acquisitions (M&A) activity in distressed assets stands out in 2024. However, sandbagging clauses in M&A, despite being admitted by Brazilian law, require caution and consideration of good faith, in...
Read moreMergers and acquisitions involving public entities must be treated as distressed M&A, requiring strategic professional guidance to convince interested parties about the benefits for society.
Read moreIn this article, Marcos Malvar and Marjorie Gressler show the legal strategies and challenges in mergers and acquisitions to ensure stability and comply with Cade regulations.
Read moreMariana Tavares de Araujo and Alexandre Faraco contributed to the publication which maps recent trends on digital markets
Read moreDispute resolution team's share experiences and knowledge about Civil Liability Law in Brazil
Read moreRead the note written by Eduardo Salomão, Fabio Kupfermann Rodarte, Luiz Roberto de Assis and Pedro Campos Ferraz
Read moreInterview with partner Mariana Tavares de Araujo, conducted by Bill Kovacic (The George Washington University Law School)
Read moreEduardo Salomão writes on the mechanisms for protection against exchange rate risk in infrastructure investments.
Read moreLuiz Roberto de Assis writes on aspects to be considered both by the Brazilian subsidiary and by creditors in international transactions when taking security over assets in Brazil
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