LS Brazil Outlook Legal challenges in M&As of companies in crisis Feb
2024

Legal challenges in M&As of companies in crisis

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.

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LS Brazil Outlook Creditor’s position in the context of debtor’s distressed M&A deals 02
Feb
2024

Creditor’s position in the context of debtor’s distressed M&A deals

Distressed 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...

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LS Brazil Outlook Sandbagging clauses in distressed M&A 02
Feb
2024

Sandbagging clauses in distressed M&A

In 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...

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LS Brazil Outlook M&A with public counterparty should be treated as distressed M&A 02
Feb
2024

M&A with public counterparty should be treated as distressed M&A

Mergers 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.

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LS Brazil Outlook Antitrust aspects of M&As involving companies in financial distress 30
Jan
2024

Antitrust aspects of M&As involving companies in financial distress

Antitrust maneuvers in times of financial crisis. In 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.

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Article Report from Latin America - Brazil Chapter 04
Jan
2024

Report from Latin America - Brazil Chapter

Mariana Tavares de Araujo and Alexandre Faraco contributed to the publication which maps recent trends on digital markets

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Article Lending to a company incorporated in Brazil 28
Nov
2023

Lending to a company incorporated in Brazil

Read the note written by Eduardo Salomão, Fabio Kupfermann Rodarte, Luiz Roberto de Assis and Pedro Campos Ferraz

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Article Great Antitrust Enforcers: Interview with partner Mariana Tavares de Araujo 17
Nov
2023

Great Antitrust Enforcers: Interview with partner Mariana Tavares de Araujo

Interview with partner Mariana Tavares de Araujo, conducted by Bill Kovacic (The George Washington University Law School)

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Article Protection against exchange rate risk in infrastructure investments 15
Sep
2023

Protection against exchange rate risk in infrastructure investments

Eduardo Salomão writes on the mechanisms for protection against exchange rate risk in infrastructure investments.

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Article Collateral over assets in Brazil in international financing 08
Aug
2023

Collateral over assets in Brazil in international financing

Luiz 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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Article Lending to a company in Brazil: Practice Notes 05
Jul
2023

Lending to a company in Brazil: Practice Notes

Eduardo Salomão, Fabio Rodarte, Luiz Assis and Pedro Ferraz authored Thomson Reuters' guides

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Article Lending & Secured Finance 2023 01
Jun
2023

Lending & Secured Finance 2023

Luiz Roberto de Assis and Fabio Rodarte wrote the Brazil chapter of the guide

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Article Is Privilege Against Self-Incrimination Applicable to Brazilian Internal Investigations? 02
Mar
2023

Is Privilege Against Self-Incrimination Applicable to Brazilian Internal Investigations?

Article by Gabriela Forsman is published in Competition Policy International

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