Differences Between English And US M&A Risk Allocation

Law360, New York (March 6, 2014, 3:38 PM EST) -- As the mergers and acquisitions markets in Asia continue to mature, U.S. and European multinationals involved in such markets are more frequently experiencing the clash in approaches to M&A risk allocation that Asia-based lawyers and financial advisers have seen for some time.

As a general matter, stock sale and purchase agreements negotiated by English-trained lawyers under English or Hong Kong law tend to place greater risk on purchasers than is typical in sale and purchase agreements between U.S.-based parties negotiated by U.S.-trained lawyers. While these differences...
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