Charles River Associates breakfast presentation: Post-M&A arbitrations: Failure to close and other issues

Arbitrations after M&A transactions are a rising trend in Brazil, including due to failure to close, post-closing adjustments to acquisition price, earn-outs, breaches of representation and warranties, and others. Our top experienced panelists in this field are:

Natália Mizrahi Lamas is a Partner at Ferro, Castro Neves, Daltro & Gomide Advogados (FCDG) who is specialised in arbitration, contracts and civil and corporate litigation across a variety of industries, including energy, oil and gas, real estate and construction. She holds a Master degree in International Law from UERJ and a Master 2 in Droit du Commerce International by Université Paris 1 – Patheon-Sorbonne. She is also Director of CBAr for the 2021/2024 term.

Bernardo Pires is a Partner at Lefosse’s Dispute Resolution team. He represents Brazilian and foreign clients of a wide array of sectors (insurance, pharmaceutical, energy, financial markets etc.) in lawsuits with Brazilian courts and in domestic and international arbitrations. His work is focused on post-M&A and other corporate disputes. He holds bachelor’s and master’s degrees from UFSC and an LL.M. degree from George Washington University.

André Marini is a Counsel at Gaillard Banifatemi Shelbaya Disputes. He is a triple-qualified lawyer trained in both civil and common law and admitted in New York, Paris and Brazil. His practice focuses on the resolution of complex international disputes arising out of business combination transactions (mergers & acquisitions and joint ventures), investments and construction projects. He is a lecturer on M&A Arbitration at University Paris 2 Panthéon-Assas and is a frequent speaker on international arbitration matters.

Tiago Duarte-Silva is a Vice President at Charles River Associates and a professor of valuation at Boston College. He has testified live more than 20 times across depositions, trials, and arbitral hearings. He applies his academic expertise and experience with corporate and institutional investors to domestic and international arbitrations and litigation in the US, Brazil, and Australia. He holds a PhD degree in Finance and Accounting by the University of Rochester in New York.

Cynthia Catlett is a Vice President at Charles River Associates and is based in São Paulo, Brazil. She has 15 years of investigative consulting expertise advising corporations, audit committees, special committees of boards of directors, financial institutions, and law firms. She works with clients across numerous industries including oil and gas, retail, energy, insurance, pharmaceutical, chemical, manufacturing, consumer goods, food and drugs, financials communications, government, and multilateral and nonprofit organizations with global operations.