The Do’s and Don’ts of M&A with Companies Involved in Importing and Exporting
Webinar: 1.5 CCS/CES Credits
Despite the economic challenges of the post-recession environment, mergers, acquisitions and divestitures are on the rise, and so are the import and export compliance liabilities that unwary companies inadvertently and unnecessarily assume as a result. A company's failure to incorporate import and export compliance reviews into its due diligence investigations of business targets can lead to the inheritance of substantial financial liabilities. At the same time, exploring the import and export operations of a target company in the context of global trade compliance can lead companies to discover previously unexplored cost-saving opportunities.
This webinar will address successor liability, the situations in which U.S. government agencies will seek to hold successors responsible for the prior import and export errors of their targets, and the steps that acquiring/merging companies can take to identify both hidden risks and potential cost-saving opportunities. This webinar will also provide best practices and recommendations for performing due diligence reviews relative to both import and export compliance.
- successor liability and import compliance
- successor liability and export compliance
- origins of successor liability in the export environment and recent case studies
- potential Sarbanes-Oxley concerns for publicly traded company transactions
- equity transactions and calculating customs duty into the proper price
- asset transactions and valuing the books with customs exposure and risk analyzed correctly
- understanding the impact of global customs processes on finance, supply chain, information technology, public relations, production, logistics, customs, taxation and risk management
- global customs due diligence and evaluating a company’s risk profile and management controls
- global export due diligence investigations, ensuring compliance with the unique International Trade in Arms Regulations requirements for mergers, acquisitions and divestitures, and considerations for sales and purchase agreements
Donna Bade is a Member of Sandler, Travis & Rosenberg, P.A., and manages the firm’s Chicago office. She focuses her practice on import and export trade law, trade regulations and customs law, regulatory law and transportation law.
Charles Crowley is a Member of Sandler, Travis & Rosenberg, P.A., resident in the New York office. A nationally-recognized authority on international trade and business law, Mr. Crowley has substantial experience leading and directing global trade and customs practices.