Main Conference Day Two: April 1, 2010

10:10 Opening Remarks From The Co-Chair

10:20 Solving The Critical Issues In Cross-Border Deals

Deal activity is increasingly global. Multinational corporations continue to look for opportunities in emerging markets to expand their customer base and maximize operations, with India and China being a prime draw of late. Buyers from countries with strong currencies relative to the U.S. dollar are on a shopping spree for American and Canadian targets and foreign direct investment is also on the upswing in the U.S., at a rate outpacing most other nations. Beyond a discussion of these trends, this panel will also distill the complexities of transacting abroad, the primary legal obstacles and the risk-reward trade-offs of working in the international deal community. You will learn:

  • The latest important factors in negotiating a cross-border deal
  • Conditionality
  • Deal protections and executive compensation issues
  • Regulatory impediments
  • Dealing with the differences in Delaware law and Canadian law in a Canadian-U.S. transaction
    • the new developments in poison pills
    • overcoming regulatory hurdles
    • making the transaction work easier

Cory Fraiberg
Managing Director
RBC CAPITAL MARKETS (New York, NY)

Hon. J. Travis Laster
Vice Chancellor
DELAWARE COURT OF CHANCERY

Kevin J. Thomson
Partner
DAVIES WARD PHILLIPS & VINEBERG (Toronto, ON)

11:10 Refreshment Break

11:15 The Exciting New Opportunities For Canadian M&A

There is new excitement in Canada about M&A, where whole new opportunities abound. Pension funds and private equity are eagerly eyeing income trusts, a lucrative investment vehicle, before they are phased out in 2011—or are acquired. Canadian companies came out of the economic downturn quite strong, so many are better positioned as buyers than their counterparts in the United States and elsewhere as countries emerge from the recession. In this fascinating discussion, learn about:

  • The new opportunities in Canadian M&A
  • Where international buyers will find attractive investments
  • New developments: what you are seeing now that you weren’t seeing a year ago
  • Where the deals are likely to take place
  • Recent developments in Canadian M&A law
  • How to deal with the 200 income trusts that have not yet converted to a corporation—and how they could be an attractive acquisition target
  • The opportunities for foreign M&A in Canada
  • How private equity players are moving into the market

Geoffrey Belsher
Global Head of Investment Banking
CIBC WORLD MARKETS INC. (Toronto, ON)

Dougal Macdonald
President and Managing Director
MORGAN STANLEY LTD. (Toronto, ON)

12:45 Networking Luncheon For Speakers And Delegates

SPECIAL LUNCHEON SPEAKER

Dr. Karim Pakravan
Associate Professor of Finance
DePAUL UNIVERSITY (Chicago, IL)

1:45 Opportunity Knocks: Taking Advantage Of The Latest Chinese M&A Activity

Most financial experts agree that the global financial trend is shifting to Asia, most notably China. China’s robust economic growth has fueled a number of mergers and acquisitions that are facing new challenges and opportunities during the downturn. Its legal environment has become more transparent and the regulatory framework is relatively complete. As well, many Chinese companies have been cashing in on a weak U.S. dollar and stepping up their presence in the North American M&A market. In this session, learn about:

  • The critical sectors for M&A: while investment in manufacturing continues to grow, a significant number of foreign Chinese investors have invested in areas such as:
    • service
    • high-tech
    • new resources
    • consumer related activities
  • How China will increase overseas M&A by 40% in 2010—with a deal volume of $30-$35 billion
  • The major challenge for foreign companies doing M&A in China
  • Understanding China’s new regulations in the context of its investment policies and overall development goals
  • Why it is so important for foreign companies to be sensitive to delicate issues with respect to law, culture and public relations
  • How to properly allocate management resources to attend to companies’ strategic issues on China
  • What the Chinese companies are looking for when they invest in Canada and the U.S.
  • The challenges involved in the Chinese lack of experience in international deals

Andrew M. Ross
Partner and Chair, Mergers and Acquisitions Practice Group
LOEB & LOEB

John Rogers
President
MIDWEST US-CHINA ASSOCIATION (Chicago, IL)

Michael D. Amm
Partner
TORYS (Toronto. ON)

Norwood P. Beveridge
Jr., Partner, Mergers and Acquisitions Practice Group
LOEB & LOEB

James D. Rosener
Managing Partner
Head, International Practice Group
PEPPER HAMILTON LLP

3:00 Refreshment Break

3:15 India: Interesting Opportunities Beyond Outsourcing

In the last 10 years, India has become a leading global force that offers business opportunities in a number of sectors. Within 30 years, it will become the most populous nation on earth and, as such, presents enormous opportunities for M&A. In this section, hear about both in bound and outbound business opportunities in India—and the potential they hold for North American business. You will hear leading experts discuss the opportunities in India, including:

  • M&A opportunities in the market
  • How the global financial markets impact M&A financing—and to best deal with it
  • Private equity and public M&A in India
  • The most important sectors to keep an eye on
  • The outbound activity: how the Indian brand is being taken global
  • Dealing effectively with the changing legal landscape

Radhika Rajan
Principal
THE CHATTERJEEE GROUP (New York, NY)

4:15 Conference Concludes