Feb

    Negotiating the Deal -- Risk Shifting and Other Key Antitrust Provisions

    12 PM CST

    The panel will discuss the range of antitrust risk shifting and efforts provisions typically employed by parties to M&A transactions, including “Hell-or-High-Water”, “Best efforts”, “Reasonable best efforts”, and their variants – as well as cooperation provisions. The panel will also discuss how to assess each provision’s applicability and pros and cons under various scenarios, along with recent court decisions addressing the provisions. Panelists have a range of practice experience and expertise, and will include in-house and outside counsel, and both transactional counsel and antitrust counsel.

    Moderator: John Ingrassia, Proskauer

    Speakers:

    Jeffrey Ayer, Kirkland
    Eric Waxman, Ares Capital Management
    Rita-Anne O'Neill, Sullivan & Cromwell

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    CLE
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    Audio Archive: Provided all releases are obtained, MP3 recordings of this program will be available to Section members on the Committee Program Audio page.

    Event Details

    Format

    Teleconference

    Date

    Feb 26, 2019

    2019-02-26T12:00:00-06:00 2019-02-26T13:00:00-06:00 Negotiating the Deal -- Risk Shifting and Other Key Antitrust Provisions

    The panel will discuss the range of antitrust risk shifting and efforts provisions typically employed by parties to M&A transactions, including “Hell-or-High-Water”, “Best efforts”, “Reasonable best efforts”, and their variants – as well as cooperation provisions. The panel will also discuss how to assess each provision’s applicability and pros and cons under various scenarios, along with recent court decisions addressing the provisions. Panelists have a range of practice experience and expertise, and will include in-house and outside counsel, and both transactional counsel and antitrust counsel.

    Moderator: John Ingrassia, Proskauer

    Speakers:

    Jeffrey Ayer, Kirkland
    Eric Waxman, Ares Capital Management
    Rita-Anne O'Neill, Sullivan & Cromwell

    Speakers

    Jeffrey Ayer

    Kirkland & Ellis LLP

    Rita-Anne O'Neill

    Sullivan & Cromwell LLP

    Sponsors

    Federal Civil Enforcement

    Section of Antitrust Law

    Moderators

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