Business Sales & Transactions Summit

As market dynamics evolve, businesses encounter growing legal and financial complexities in sales and acquisitions. There is no better time to elevate your expertise for effectively navigating these legal challenges. Keep your knowledge current with the latest insights to boost your clients’ business sales and purchases. Learn to mitigate supply chain legal hazards, increase business valuation, and leverage intangible assets for business dispute success. WEB243N18Z

Tuesday, 12 March 2024
Session 1: Essential Skills and Savvy Strategies for Transaction Triumph

Chair: Allison McLeod, Partner, HWL Ebsworth; Best Lawyers Australia for Franchise Law

10.00am to 11.00am Strategic Insights into Employment Issues During a Business Sale
  • Understanding the significance of employment factors in business sales
  • Navigating workforce transition: Provisions within the Fair Work Act
  • Due diligence must-do’s
  • Nuances of adjustments

Presented by Michael Byrnes, Partner, Swaab; Recommended Employment Lawyer (Employer Representation) New South Wales, Doyle’s Guide 2023

9.00am to 10.00am Unfair Contracts: Commercial Perspectives and Considerations in Disputes
  • Setting out the legislative and legal framework governing unfair contracts
  • Identifying unfair contract terms, what constitutes unfairness, and terms commonly determined to be ‘unfair’
  • Examining relationships between contracting parties and other circumstances that may give rise to unfairness, including review of relevant cases
  • Exploring the consequences of unfair contract terms and available remedies

Presented by Mayank Gupta, Partner, Cornwalls and Bishoy Genday, Senior Associate, Cornwalls

12.15pm to 1.15pm Managing Supply Chain in Business Transactions: Limiting Liability Risks & Protecting Your Reputation

Explore the following topics for businesses with supply chain suppliers or customers in medium to high risk jurisdictions, focusing on:

  • Bribery and corruption risks
  • Sanctions risks
  • Environmental, social, and corporate governance risks
  • Considerations for due diligence and transaction document negotiation

Presented by Isabella Bosworth, Special Counsel, Johnson Winter Slattery

11.15am to 12.15pm Franchising Code of Conduct: Strategic Insights for Sales and Purchases
  • Navigating the evolving Code of Conduct: What it means for your client’s business
  • Smart strategies for franchise agreements to safeguard your client’s interests
  • Licenses, leases, and permits in franchising
  • Deciphering the franchisee/franchisor dynamic
  • Addressing typical franchise disputes in business transactions

Presented by Maija Kerry, Partner, Norton Rose Fulbright; Best Lawyer, Franchising 2020-22 2022

Session 2: Valuation Considerations and Ethical Labyrinth in Business Transactions

Chair: Amanda Comelli, Partner, Brown Wright Stein; Specialist Accreditation Advisory Committee for Business Law

Professional Skills
2.00pm to 3.00pm Utilising Intangible Asset Valuations as a Tool in Legal Disputes

Intangible assets touch on virtually every aspect of business (and therefore legal disputes). Yet their relative absence of from financial reports means most advisors are unfamiliar with Intangible Asset assessment & valuation techniques.

While the valuation of tangible assets can be relatively straightforward, the process can be more complex in circumstances where intangible assets are involved. This can lead to circumstances where these assets are significantly undervalued (or overvalued, in some instances) relative to their true value, including legal issues such as:

  • Whether a company was insolvent when trading
  • Disputes with tax authorities
  • Warranty claims by purchasers that assets were not as warranted or valued correctly
  • Disputes over the value of shares or exercising of stock options
  • Insurance disputes

Joel Hanrahan will share insights, case studies and practical advice on how intangible asset valuations can be used as a tool to help depict what has happened, adjudicate any dispute, and assist in structuring a settlement.

Presented by Tyler Capson, Managing Director, Everedge Global

Professional Skills
3.00pm to 4.00pm Business Valuation: Insights Beyond the Numbers
  • Professional standards and best practices
  • Are all valuations created equal and choosing the right valuation methodology
  • Determining which earnings multiple for use
  • Uncover the drivers of value in business and avoiding the errors of valuation

Presented by Alan Max, Partner, Pitcher Partners; Fellow, Chartered Accountants Australia and New Zealand; Valuations Taskforce Member, Accounting Professional and Ethical Standards Board

Ethics & Professional Responsibility
4:15pm to 5:15pm Keeping Your Balance on Ethical Tightropes of Business Law Practice

This presentation will equip you with valuable insights to navigate the nuances of ethical dilemmas in business transactions, balancing loyalty, candor, and advocacy.

  • The crucial role of clear, honest communication in guiding clients through complex business transactions
  • Striking the right balance between fervent representation and the ethical prohibition of deceitful strategies

Presented by Katie Innes, Legal Director, Business & Corporate, BAL Lawyers

Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
2 units in Professional Skills

This program is applicable to practitioners from all States & Territories 

11.00am to 11.15am Morning Break
4.00pm to 4.15pm Afternoon Break

Presenters


Ms Maija Kerry, Partner,
Maija Kerry is a corporate and commercial lawyer based in Sydney. Maija is a Best Lawyer - in the area of Franchising Law, and her experience in franchising law has also been recognized following her accreditation as a FRANdata Accredited Franchise Lawyer. Maija regularly presents in relation to legal issues affecting franchisors and organisations operating in consumer markets, including at the national conference of the Franchise Council of Australia. Maija works with clients across a broad range of industries , assisting them with broad range of strategic and day to day legal issues, including in relation to business sales and acquisitions, compliance, IP, competition & consumer law, contractual enforcement and how to expand businesses internationally. Practical, commercial and proactive, Maija works closely with her clients to ensure that her legal advice aligns with her clients’ commercial imperatives.


Mr. Alan Max, Partner - Corporate Finance, Pitcher Partners
Alan advises private and listed companies on their corporate transactions. With a demonstrable track record, Alan conducts valuations, provides corporate and strategic value advice, and serves as an independent expert. Alan undertakes valuations of businesses, intangible assets, employee equity and complex instruments. His valuation reports allow stakeholders to make informed decisions about corporate transactions and tax structuring. Alan is often engaged to prepare Independent Expert’s Reports for ASX-listed company transactions. His independent and expert opinion is also used for litigation proceedings and dispute resolutions. Alan’s expertise and ability to deliver advice is supported by his deep understanding of business drivers, competitive positioning and the market environment. Alan has served as a Board and Advisory Board member of commercial organisations and is proud to contribute meaningfully to a range of community organisations and industry bodies. Alan joined Pitcher Partners in 2006 and became a Partner of the Sydney firm in 2010.


Mr. Michael Byrnes, Partner,
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation".


Mr Mayank Gupta, Partner,
Mayank brings a wealth of expertise, with over 15 years’ of international experience in corporate finance, distressed lending, restructuring, leveraged finance, asset finance, real estate finance and project finance. He has acted for large financial institutions and corporates spanning jurisdictions including Australia, United Kingdom, United States, China, India, South East Asia, Africa, andEastern Europe (to name a few).Over the last few years, Mayank has worked closely with alternative capital investors, providing strategic advice to debt funds providing financing in distressed situations, purchasers of non-performing loans and funds providing equity capital in large scale project financings.Mayank has spent significant time in the UK and Asia working on some of the largest transactions in the world, including the largest wind farm financing in the Ukraine to date, the largest bond issuance in Bangladesh and the largest non-performing loan acquisition in Eastern Europe at the time.


Mr Bishoy Genday, Senior Associate,
Bishoy is a valued advisor and advocate in complex civil litigation and dispute resolution, with a focus on corporate insolvency. With experience managing multi-party and high-stakes litigation, Bishoy has acted for ASX-listed entities, large privately held companies, litigation funders, major property developers, high net-worth individuals, and insolvency practitioners. He practices in areas such as partnership and shareholder disputes, priority disputes, director misconduct, misleading and deceptive conduct, market manipulation, fraud, insolvent trading, voidable transactions, and other serious breaches of corporate civil penalty provisions, executing legal strategies while balancing commercialism and precision. Bishoy is a multi-award-winning lawyer, having gained recognition in the industry for his work in dispute resolution and insolvency. Bishoy received his specialist accreditation and professional membership in the Australian Restructuring Insolvency & Turnaround Association (ARITA), qualifying him as a Restructuring, Insolvency and Turnaround Professional and was commended for achieving first place in NSW and ACT in Advanced Insolvency and placing second in Australia.


Ms. Katie Innes, Legal Director, BAL Lawyers
Katie Innes is an experienced corporate lawyer who regularly advises a range of private companies and individuals, insolvency practitioners, industry peak bodies, co-operatives, associations and local governments on a broad range of commercial issues. Katie is a New South Wales Law Society Accredited Specialist in Business Law. Katie works closely with clients on the establishment and commercialisations of business ventures including the associated corporate governance, business structuring and ownership, succession planning, intellectual property considerations and capital raising. Katie's recent focus has been: assisting clients to find the most suitable business structure for their new and existing businesses to increase tax effectiveness and to create a workable succession plan; assisting clients with capital raising to fund business ventures including the offer of shares, debentures, units and convertible notes; and assisting private companies with major business acquisitions and disposals including the structuring, documentation and completion of those transactions. Katie's analytical and problem solving skills enable her to provide practical advice to her clients to achieve commercial resolutions in the best interests of her clients.


Ms. Isabella Bosworth, Special Counsel, Johnson Winter Slattery
Isabella has also sent us her bio: Isabella Bosworth is a Special Counsel at Johnson Winter Slattery. She practices as a corporate lawyer with a focus on mergers and acquisitions, joint ventures and other complex commercial transactions. Isabella has extensive experience acting for domestic and cross-border clients, including large corporates and private equity firms, across a range of sectors. She has particular experience advising clients in the healthcare and life sciences, consumer goods, technology, oil and gas and mining industries. Isabella also regularly advises on corporate governance and foreign investment matters.


Mr. Tyler Capson, Managing Director, Everedge Global
Tyler is a Managing Director at EverEdge with a specialty in Corporate Strategy, Valuation and M&A Transactions. Tyler has significant international experience. He helped to establish the company’s Singapore office and its alliance with IPOS International, a subsidiary of the Intellectual Property Office of Singapore, before moving to the United States to continue building EverEdge’s North American footprint. Prior to joining EverEdge, Tyler worked in New York City for Deloitte and Goldman Sachs, advising Wall Street banks and financial institutions, along with working on a number of high-profile transactions including the Facebook IPO and the Apple Bond Offering. Tyler is a Certified Patent Valuation Analyst (CPVA) and Chartered Valuer and Appraiser (CVA). Registered Management Consultant (RMC). He also holds a bachelor’s degree in finance from BYU and an MBA from the University of Utah.

WEB243N18Z

Business Sales & Transactions Summit

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All Sessions
Tuesday, 12 March 2024
9.00am to 5:15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Tuesday, 12 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 12 March 2024
2.00pm to 5:15pm Australia/Sydney
CPD Points 3
$420.00
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