Gretta Walters to Speak at the 2024 IBA M&A Latin America Conference

March 2024—Gretta Walters is set to speak at the 2024 International Bar Association’s Mergers & Acquisitions in Latin America Conference on March 14^th. Gretta will join Gabriel Mesa (Covington & Burling), Andrea Saffie (Cariola Diez Perez-Cotapos), Laura Sinisterra (Debevoise & Plimpton) and Jose Felix Zaldivar de la Rica (Uria Menendez) for the panel titled “Closing Litigation Issues: Controversies Related to the Use of Escrow Agreements, Representations and Guarantees, and Price Adjustment”.

The panel will:

1. Explore how the overcrowding of justice systems in countries around Latin America plays a role in the lack of M&A related litigation;
2. Discuss the preference by parties to M&A deals for arbitration, rather than domestic courts or alternative dispute resolution procedures;
3. Discuss problems between parties where claims are more commonplace and frequently contested or challenged, including: post-closing indemnification, purchase price adjustments, concerns about escrow agreements and possible sums that may be retained;
4. Explore mechanisms used for funding and securing an indemnity (ie, escrow agreements) and other mechanisms such as set-offs against future payments (particularly earn-out payments) and a partial holdback of the purchase price;
5. Discuss and explore how tribunals have handled such situations.

Session co-chairs are Tomas Araya (Bomchil) and Carlos del Rio (Creel Garcia-Cuellar Aiza y Enriquez).

The IBA M&A Latin America Conference will take place from March 13^th-March 15^th in Miami, Florida. For more information about the event, click here.