M&A and Takeovers Law Refresher
New Zealand M&A activity had a solid start in 2022 despite inflation and supply chain headwinds and the boom in activity is expected to continue. Be guided by the experts as they simplify the hot topics in M&A and takeovers law. Identify the key competition law issues, the current trends in warranty insurance and the long-signalled overseas investment law changes in New Zealand. WEB2210NZA04Z
Description
Attend and earn 3 CPD hours
Chair: Hayden Smith, Partner, Burton Partners
1.15pm to 2.15pm Competition Law Issues in M&A Transactions
- The prohibition on anticompetitive transactions
- Competition law issues during due diligence on a competitor
- Non-compete clauses
- What can the parties do before they close a transaction?
Presented by Bradley Aburn, Partner, Russell McVeagh
2.15pm to 3.15pm Warranties & Indemnities in M&A Transactions
- Warranties and indemnities as a risk management tool in M&A
- Typical warranties and indemnities in share and asset sales
- Recent trends and updates regarding warranties and indemnities
Presented by Ben Hickson, Senior Associate and Julika Wahlmann-Smith, Senior Associate, Hesketh Henry
3.15pm to 3.25pm Break
3.25pm to 4.25pm NZ Foreign Direct Investment: Trends, Overseas Investment and Takeovers Law
Take a detailed look at the implementation of the long-signalled changes to New Zealand’s overseas investment laws and what the changes mean for the OIO process.
- Market trends
- OIO update and latest changes/process
- Latest developments in NZ takeovers law
- Key issues to consider
Presented by Igor Drinkovic, Special Counsel, MinterEllisonRuddWatts
4.25pm to 4.30pm Closing Comments from the Chair
Learning Objectives:
- Learn about the long-signalled changes to the overseas investment laws in New Zealand and what they mean for you.
- Decode the recent trends in warranty insurance.
- Top tips to identify anticompetitive transactions.
Presenters
Hayden Smith
Hayden advises clients on a broad range of corporate and commercial matters. Admitted in 2005, his principal focus is on mergers & acquisitions, joint ventures, capital raisings, investment structuring and corporate advisory. He also has expertise drafting and negotiating commercial contracts, including supply and distribution arrangements. Hayden’s experience covers a number of industry sectors, including recently advising clients in the heavy industry, hospitality & leisure, technology and retail sectors. From his OE living and working in Abu Dhabi, he has also advised on numerous cross-border transactions. Hayden prides himself on taking a results orientated approach, supporting his clients to manage legal risk and meet strategic objectives. He was recognised for his work by Legal 500 as a ‘2018 Next Generation Lawyer’ for Corporate/Commercial in New Zealand. Outside of work, Hayden is a busy husband & father of three girls. Where time permits, he remains an avid sports fan, in particular cricket (where he is the current chairman of the North Shore Cricket Club), rugby, football, golf and fishing.
Bradley Aburn
Bradley Aburn is a partner in Russell McVeagh's Competition/Antitrust and Consumer Law team. Bradley advises clients on the full range of competition and consumer law issues, including merger control issues, joint venture advice, cartel investigations, market power investigations, market studies, Fair Trading Act issues, and Commerce Commission prosecutions and appeals. Bradley returned to Russell McVeagh in 2019 after over five years working at Slaughter and May in both its London and Brussels offices. Bradley is a board member of the Competition Law & Policy Institute of New Zealand. Bradley is recognised by the Legal 500 as a "rising star" in New Zealand competition law.
Ben Hickson
Ben is a senior associate in the Business Advice Team. Originally trained in Hesketh Henry’s commercial property team, Ben re-joined the firm’s commercial group after 7 years working as a corporate lawyer in South East Asia. Prior to his return to New Zealand, Ben was a senior associate in the Singapore corporate and M&A practice group of international law firm Stephenson Harwood LLP, specialising in cross border M&A and foreign direct investment deals into Myanmar and the wider region. Ben’s legal experience and extensive business network in South East Asia compliments and adds depth to Hesketh Henry’s growing Asia Practice. Ben advises on a range of corporate and commercial transactions including M&A transactions, foreign investment, joint venture arrangements, corporate governance matters, commercial licencing and other business regulatory issues. In addition to his corporate and cross border M&A expertise, with an early grounding and extensive experience in NZ property law, Ben has advised real estate developers, hotel operators and other property investors on acquisitions, commercial development, disposals, leasing and other property related work across New Zealand and South East Asia. Ben has been a member of the judges panel for the PropertyGuru Myanmar Property Awards since 2015. Ben is a founding member and former director and secretary of the New Zealand Myanmar Chamber of Commerce.
Julika Wahlmann-Smith
Julika is a Senior Associate in our Business Advice team. Julika has advised on a wide range of corporate and commercial law issues, including reviewing and advising on commercial contracts, terms of trade and distribution agreements, mergers and acquisitions, foreign investment, advertising campaigns, consumer law, and intellectual property rights. Julika regularly contributes to publications of the Global Advertising Lawyers Alliance where the firm is the New Zealand member. Julika is fluent in German.
Igor Drinkovic
Igor is a Special Counsel in the Auckland corporate team and specialises in public M&A and securities law. He advises local and foreign clients on public takeovers, IPOs, public capital raisings, private placements, employee share schemes and listed company matters in general. Working in the capital markets space often requires working with clients in tense, fast paced and unique situations that call for pragmatic solutions to complex problems. Igor's ability to deliver for his clients has been independently recognised, being named a 'rising star', by both The Legal 500 Asia Pacific directory and in the New Zealand Lawyer Rising Star list for 2019. Igor has provided advice to some of New Zealand's most iconic companies including Synlait Milk, Zespri, MediaWorks, Tourism Holdings, Refining NZ, The Warehouse and Spark as well as large international clients including CITIC Capital and Brookfield Asset Management. Igor is the co-author of Duties and Responsibilities of Directors and Company Secretaries in New Zealand (5th ed) and the Morison's Company Law chapter on Takeovers Law. Igor actively shares his expertise through Auckland District Law Society seminars on securities and corporate law.