Skip to main content

Doing Deals in and with Emerging Markets: BRIC and Beyond 2012


Speaker(s): Adam Li, Ana Carolina Beneti, Andrés Jana, Ariel J. Deckelbaum, Carlos Gonzalez, Chantal E. Kordula, Dietmar W. Prager, Ezra Borut, Fred M. Lowenfels, Gyedre Oliveira, John Du, Kirtee Kapoor, Lina A. Braude, Marielle Garrigo, Maurizio Levi-Minzi, Mauro M. Wolfe, Michael McGowen, Sarah A. Mudho, Yabo Lin
Recorded on: Jul. 12, 2012
PLI Program #: 35016

Gyedre Palma Carneiro de Oliveira is a Brazilian corporate and M&A lawyer with 16 years of experience. Partner of Brazilian law firm Souza, Cescon, Barrieu & Flesch Advogados since January 2006. Bachelor in Law at the University of São Paulo Law School (FADUSP/SP), in 1996. Master in Law (LLM) by the School of Law of the University of Michigan in 1998. She has an international experience serving as an international associate with the law firm Cleary, Gottlieb, Steen & Hamilton, New York from July 1998 through July 1999. Her fields of expertise are corporate law, M&A, private equity, foreign investments, corporate restructuring, contracts and securities. Admitted to the Brazilian Bar Association. She speaks Portuguese and English. In addition to providing legal advice to several companies in their day-to-day business, including publicly held corporations, she has led a team and/or participated in various M&A deals and corporate reorganizations in Brazil.


Marielle Garrigo' practice focuses primarily on project finance, international direct investment, capital markets, and merger and acquisitions. She has significant experience in advising foreign investors regarding direct investments in diverse industries. These include tourism, financial services, telecommunications, real estate, and beverages. Her clients include multilaterals and export credit agencies, financial institutions, thrifts, major multinationals, as well as private investment funds. Ms. Garrigo graduated in 2006 from the first Lex Mundi Institute Foundation Management Program and in 2009 for the Advanced Management Program. She is currently the highest female practitioner ranked by Chambers and Partners in the First Band of commercial transaction attorneys in the Dominican Republic. She is a member of the Fulbright Alumni Association.

EXPERIENCE
Ms. Garrigo joined the Firm in 1995 and became a Partner of the International Practice and Foreign Investment Department in the Firm in 2005. The following is a list of some of her most representative transactions of the past 3 years:

 Acted as legal counsel to the CDB in the USD80M credit facility granted to Perilya for the exploitation of the Cerros de Maimon copper/gold mine

  • Acted as legal counsel to Barrick Gold in the USD1.2 billion credit facility granted for the exploitation of the Pueblo Viejo Gold Mine;
  • Acted as legal counsel to the concessionaire in connection with the drafting and structuring of the financing for the construction, operation and maintenance of Autopista del Nordeste, Boulevard Turistico del Atlantico and Viadom, the largest toll road concession granted by the Dominican State;
  • Acted as legal counsel to the lenders in the first local syndicated facility granted by a pool of private banks in favor of the Dominican State for an amount in excess of US$10M;
  • Advised foreign investment funds in the acquisition of the concession for the operation of five local airports in the first LBO in the Dominican Republic involving an amount in excess of US$750M;
  • Advised foreign and local lenders in project finance transactions in excess of US$100M each for the development of a wireless telephone network, airport terminals and the installation of a wind mill project;
  • Acted as local counsel to a US private investment fund in acquisitions of assets in the local hotel industry for an amount in excess of US$150M;
  • Advised clients in the financial sector in various debt restructurings and corporate workouts involving textile free zones;
  • Acted as legal counsel to the initial purchasers and the lenders in connection with several bond issuances by an electricity company, each in excess of US$100M under Rule 144 A Reg-S;
  • Acted as legal counsel to the initial purchasers in connection with the first, second and fourth sovereign bonds issuance in the amounts of US$500M, US$600 and US$250M and in connection with the subsequent exchange offer;
  • Acted as legal counsel to the purchasers in the acquisition of the largest Dominican insurance company; and,
  • Assisted the largest Brazilian beverages company in the acquisition of a controlling interest in the Dominican Republic¡¦s major bottling company.


EDUCATION
  • Barna Institute, Marketing for Lawyers, 2011
  • Washington College of Law, American University LL.M in International Legal Studies, 2001
  • Tulane University, Introduction to American Legal Studies, 2000
  • Northwestern University, Summer Program in Law and Business, 1999
  • Harvard University, Program of Instruction for Lawyers, 1998
  • Pontificia Universidad Catolica Madre y Maestra, LLB, Magna Cum Laude 1995


Ana Carolina Beneti

PROFESSIONAL EXPERIENCE

Pinheiro Neto - Advogados - São Paulo, Brazil (1995- present)
Associate. Part of the litigation group of the firm - legal advice and court representation in cases related to dispute resolution in all areas of civil and commercial law, such as contractual disputes, civil liability claims, mass tort actions, credit collection, e-commerce and cross-border litigation. Specialized in International and domestic Arbitration and ADR.

Former Chairman (2007/2009) and Vice-chairman (2004/2007)of the Legal and Tax Committee of the British Chamber of Commerce in Brazil - SP.

Freshfields Bruckhaus Deringer - França, Paris (Nov. 2002-Jan.2003)
Trainee. International arbitration team.

Pinheiro Neto - Advogados - São Paulo, Brazil (1993-1995)
Legal Assistant. Drafting of court petitions and research. Organization of seminars and group of studies on Civil Procedure

District Attorney's Office of the State of São Paulo - 5th Jury Court at the City of São Paulo - under the supervision of Mr. Roberto da F. Estevão - Public District Attorney (April 1993-June 1993)

Kenora Community Legal Clinic - Co-Op Education Program - Part of training program for students sponsored by Beaver Brae Secondary School, City of Kenora, Ontario, Canada - Year spent as a Rotary Exchange Student in Canada. (August 1989-January 1990)

EDUCATION

Harvard Negotiation Institute at Harvard Law School - Workshop "Creating Value in Deals and Disputes" - June 7-11/2010

LSE - The London School of Economics and Political Science - University of London - Enrolled at the LL.M. Degree Course for the 2001/2002 session (Awarded with a scholarship by the British Council - UK)

Pontifical Catholic University of São Paulo - Master of Laws in Brazilian Civil Procedure, to be completed

University of California (Berkeley/Davis Campi) - California, USA, Orientation in U.S.A. Law (July 1996)

Pontifical Catholic University of São Paulo - Faculty of Law - Bachelor's Degree (1991/1995)


Ariel J. Deckelbaum
Partner

Ariel J. Deckelbaum is a deputy chair of the Corporate Department and a member of the Mergers and Acquisitions Group, the Private Equity Transactions Group and the Canadian Practice Group. Mr. Deckelbaum's practice is diverse with extensive experience in mergers and acquisitions, joint ventures, alternative asset management and restructuring transactions. In each of his practice areas, Mr. Deckelbaum helps clients develop and protect their long-term interests and investment strategies.

Mr. Deckelbaum's mergers and acquisitions work includes going-private transactions, special committee representations, merger proxies, tender offers and hostile proxy contests. Mr. Deckelbaum's recent mergers and acquisitions experience includes the following representations:
 

  • Oak Hill Capital in its pending acquisition of ViaWest, a provider of data centers for colocation and managed services
  • Oak Hill Capital in connection with its investment in Duane Reade and sale to Walgreen Co.
  • TowerBrook Capital Partners in its acquisition of a majority interest in Broadlane, Inc.
  • Time Warner Cable in its separation from Time Warner Inc.
  • Exor Group, as a minority investor in Graphic Packaging Corporation, a leading provider of paperboard packaging solutions, in connection with the combination of its business with Altivity Packaging, LLC for approximately $1.75 billion

As a member of the Canadian Practice Group, Mr. Deckelbaum regularly represents Canadian clients in transactions with U.S. components as well as U.S. private equity firms and other companies seeking to invest in Canadian companies. Mr. Deckelbaum also represents clients in an array of international and cross-border deals. His international transaction experience includes representations:
 

  • Dainippon Sumitomo Pharma Co. in its acquisition of Sepracor Inc. pursuant to a tender offer 
  • Sumitomo Metal Industries, Ltd. as it partnered with Vallourec S.A. in the merger of two premium joint companies, VAM USA Company and V&M Atlas Bradford LLC, to establish a new premium joint threading joint venture, VAM USA LLC
  • Hexagon in its acquisition of NovAtel, a provider of global navigation systems and components
  • Nomura Holdings, Inc. in its acquisition of a 15-percent, $888 million stake in Fortress Investment Group
  • Mr. Deckelbaum also has extensive restructuring experience, including the following representations:
  • Time Warner Inc. in connection with the multiple draw term credit facility by its affiliate to certain affiliates of Six Flags Inc. as part of its emergence from bankruptcy protection under chapter 11
  • TowerBrook Capital Partners in the recapitalization of Wilton Holdings Inc., parent company of Wilton Brands Inc.
  • Marc Ecko in his sale of a controlling interest in the Ecko portfolio brands to Iconix Brand Group, Inc.
  • Perella Weinberg, as financial advisor to the special committee of Sealy Corporation in connection with a restructuring involving KKR
  • Time Warner in its complex, $12.7 billion joint bid with Comcast Corporation to acquire the assets of Adelphia Communications Corporation.
     
His transaction experience covers a variety of sectors, including consumer and retail, financial services, healthcare, industrial, media and telecommunications, travel and leisure.

Mr. Deckelbaum serves on the advisory board of DealLawyers.com, is a member of the American Bar Association and has been elected to the Board of Directors of the Lawyers Alliance for New York.

Education
LL.B., McGill University Faculty of Law, 1998 with distinction
B.C.L., McGill University Faculty of Law, 1998 with distinction
B.A., McGill University, 1993 first class joint honours


Michael McGowen is responsible for all legal matters for Cabot businesses operating in the Asia Pacific region.

Education

1972-1973   AFS high school exchange student (Thailand)
1974-1980   University of California, Berkeley: B.A., Asian Studies
1978-1979   Chinese University of Hong Kong (Berkeley junior year abroad)
1980-1983   University of California, Hastings College of Law: Juris Doctor

Professional Experience

1983-1986          Attorney, Russin & Vecchi (San Francisco and Taipei, Taiwan)
1987-1992          Attorney, Baker & McKenzie (Hong Kong)
1992-2000          Partner, Perkins Coie (Hong Kong and Seattle)
2000-2003          General Counsel, Teledesic Corporation, Kirkland, Washington
2003-2005          Consultant, Eugene, Oregon
2005-present      Asia Pacific Counsel, Cabot Corporation

Professional Memberships

California Bar Association; Massachusetts Bar Association


Carlos R. Gonzalez is the Chief Legal Officer (CLO) for Prudential Financial’s International Division, leading a team of lawyers located in the U.S., Asia, Europe and Latin America.  The businesses in the International Division manufacture and distribute individual life insurance, retirement and related products in selected international markets. 

His past experience includes acting as Vice President and Chief M&A Counsel at Prudential Financial.  In this role, Mr. Gonzalez focused on mergers and acquisitions transactions, joint venture and other strategic investments, including managing teams of cross functional lawyers in connection with domestic and international life insurance, retirement services and asset management acquisitions and other businesses.

Prior to joining Prudential Financial, he was a Senior Associate at Debevoise & Plimpton LLP in New York City, where he was a member of the Firm’s Mergers & Acquisitions Group representing strategic buyers and sellers in mergers and acquisitions transactions in the U.S., Latin America and Europe, and represented private equity firms in connection with leveraged buyouts, rollups, venture capital investments and dispositions of portfolio companies in the U.S.

Mr. González received his law degree from Columbia Law School and his undergraduate degree from Fairfield University.


Chantal Kordula is a partner based in the New York office. Chantal’s practice focuses primarily on transactions in Latin America, particularly mergers and acquisitions and project and acquisition finance. She has noteworthy experience advising on some of the most high-profile mergers and acquisitions in Latin America. Her recent M&A work includes:

  • Counsel to Vitro in the $2.15 billion sale of its food and beverage glass containers business to Owens-Illinois;
  • Counsel to First Reserve in its partnership with Mexico Power Group, including with respect to its equity investment in the 130MW La Bufa wind farm in Zacatecas, Mexico, and the approximately $215 million financing for the development of the project;
  • Counsel to Ontex in its €400 million acquisition of Grupo Mabe;
  • Counsel to Coca-Cola FEMSA in its $688.5 million acquisition of a 51% stake in Coca-Cola Bottlers Philippines;
  • Counsel to Grupo Bimbo on various matters, including in its $709 million acquisition of Sara Lee Corporation’s North American Fresh Bakery, its €115 million acquisition of Sara Lee’s fresh bakery business in Spain and Portugal, and the company’s $2.5 billion acquisition of Weston Foods. 

Chantal has been recognized in Chambers Latin America, The Legal 500 Latin America, Latin Lawyer 250, Latinvex, Chambers Global, Chambers USA, The Legal 500 U.S. and was named an “M&A Dealmaker of the Week" by The American Lawyer in 2010. In 2013, Chantal was highlighted in Latin Lawyer’s “Women In Law” issue celebrating the most inspiring women in the Latin American legal profession.

Chantal joined the firm in 1997 and became a partner in 2008. She received a J.D. degree, cum laude, from Harvard Law School in 1997 and an undergraduate degree, cum laude, from Amherst College in 1994.

Chantal is a member of the Bar in New York. Her native language is English, and she is fluent in French and Spanish.


Dietmar W. Prager is a litigation partner in the firm’s New York office who focuses his practice on international arbitration and litigation. He co-leads the firm’s Latin America Practice Group.

Dr. Prager has represented parties in numerous arbitrations throughout the world under the auspices of the ICC, ICSID, LCIA, AAA, ICDR and the PCA as well as in ad hoc arbitration proceedings. He was also one of the youngest lawyers ever to argue before the International Court of Justice.

Dr. Prager’s recent representations include disputes involving complex investment projects, investment treaties, energy and mining projects, oil & gas projects, the retail sector, the finance sector, sovereign debt, and distribution agreements. Dr. Prager also regularly sits as arbitrator.

Dr. Prager is ranked among the leading international arbitration practitioners by Chambers Global, Chambers USA, Chambers Latin America, Legal 500 Latin America, Benchmark Litigation and Who’s Who Legal. He has been described as “brilliant,” “outstanding” and an “excellent lawyer.” The publications have highlighted his “impressive work and responsiveness to clients’ needs,” his “great depth of analysis,” his “great ability to manage stressful situations” and his “vast linguistic ability” and observed that “clients speak highly of his qualities, saying ‘He’s dynamic, intelligent, accessible and knowledgeable.’”

Dr. Prager is a vice-chair and member of the Executive Board of the Institute for Transnational Arbitration (ITA) and is a member of the International Advisory Board of the Vienna International Arbitration Centre (VIAC). He also serves as a member of the Vance Center Committee, the governing body of the Cyrus R. Vance Center for International Justice. He is a member of the International Council for Commercial Arbitration (ICCA), the Comitê Brasileiro de Arbitragem (CBAr), the Asociación Latinoamericana de Arbitraje (ALArb), the International Bar Association (IBA), the Club Español de Arbitraje and the American Society of International Law.

Dr. Prager is the author of several articles and blogs on international arbitration, international courts and tribunals, international procedural law, as well as Latin-American integration, and speaks regularly at international arbitration conferences.

Dr. Prager is a member of the bar of New York. Prior to joining Debevoise in September 2000, Dr. Prager served as Legal Officer at the Registry of the International Court of Justice. He received his LL.M. from New York University School of Law, his Dr. iur. from University of Innsbruck and his Austrian law degree from University of Vienna.

Dr. Prager speaks German, English, Spanish and French and is proficient in Portuguese.

Dr. Prager’s recent representations include:

  • A South American construction company in an ICC arbitration against a major oil & gas company arising out of an EPC contract for the construction of an FPSO.
  • A South American Shipyard in an ICC arbitration against a major oil & gas company arising out of an EPC contract for the construction of the lower hull of a semi-submersible platform.
  • A power company in a construction dispute with an Asian contractor arising out of an EPC contract for the construction of a thermal power plant in a South American State.
  • A power company in a construction dispute with an international consortium arising out of an EPC contract for the construction of a hydroelectric plant in a South American State.
  • An owner in a dispute with a contractor arising out of an EPC contract for the construction of a wind farm.
  • A major U.S. construction company in an ICC arbitration in a dispute arising out of a subcontract regarding the construction of a fertilizer plant.
  • The Australian investor Tethyan Copper Company in parallel arbitrations arising from a copper-gold project against the Government of Balochistan under a contract, and the Government of Pakistan under the Australia-Pakistan Bilateral Investment Treaty
  • The founder of a leading Brazilian retail company in three ICC arbitrations seated in São Paulo against a European joint venture partner regarding control of the company.
  • A major U.K. Investment fund in an ICC arbitration seated in São Paulo regarding an investment in a restructured Brazilian consumer products business. The representation also included coordination of litigation proceedings in Brazil, Bermuda and Uruguay.
  • LafargeHolcim Ltd. in an ICSID proceeding against the Bolivarian Republic of Venezuela under a bilateral investment treaty for the expropriation of its Venezuelan subsidiary, in which LafargeHolcim recovered some US$650 million.
  • Government of Mexico in Avena and Other Mexican Nationals (Mexico v. United States) before the International Court of Justice, in which the ICJ rendered a judgment finding violation

 


Fred M. Lowenfels is General Counsel, Executive Vice-President and a Director of Transammonia, Inc., a privately held commodities trading firm headquartered in New York City with operations in 33 cities around the world. The firm specializes in fertilizers, ammonia, petrochemicals, liquefied petroleum gases, petroleum coke and coal. Mr. Lowenfels has worked at Transammonia since 1974. Prior thereto, he was an associate at the law firm Wolf, Haldenstein, Adler, Freeman & Herz in New York. Mr. Lowenfels is a graduate of Harvard College and Harvard Law School, and studied Common Market law in Brussels, Belgium as a Fulbright Scholar.

Fred is a Trustee and former Chairman of the Board of The Jewish Home & Hospital Lifecare System. He is also a former Director of Theodore Gordon Flyfishers.
 
He has served as an arbitrator on numerous panels at the International Centre for Dispute Resolution.


Jana Andrés

Admitted to Practice:
Chile (1994).
 
Education:

J.D. Universidad de Chile, Summa Cum Laude (1994), LL.M. Harvard Law School (1995).

Professional Experience:

Of Counsel Ministry of Finance, Ministry of Economy, Foreign Investment Committee and Chilean Energy Commission; Legal Advisor to the Chilean Government for negotiations of several Free Trade Agreements; Director of Legal Research, Central Bank of Chile (1996-1998). Previously worked at Arnold & Porter, Foreign Associate (1995-1996). Who´s Who Legal highlights Andrés Jana within the top five experts in international commercial arbitration of Chile in its annual publication The International Who´s Who of Commercial Arbitration 2010.
 

Academic Activities:

Professor of Civil Law, Universidad de Chile (1997 to date); Postgraduate and training for prosecutors courses.
 

Practice Areas:

Litigation and both National and International Arbitration; Corporate Law and Foreign Investment; Bankruptcy; International Trade and Antitrust; Regulation; Administrative Law; Antitrust Litigation.

Publications:

Author of "Recurso de Protección y Contratos" [Constitutional Appeals and Contracts], Editorial Jurídica de Chile (1996); "La convención de Nueva York y el CIADI" "Reconocimiento y Ejecución de Laudos Arbitrales bajo la Convención de Washington" with Johanna Klein, in "El Arbitraje Comercial Internacional" Abeledo Perrot, Argentina 2008.

Membership:

Member of the Panel of Arbitrators of the ICSID; Member of the Chilean Bar Association.


Lina A. Braude is a partner in the Washington DC office of the international law firm of Baker & McKenzie LLP. 

Ms. Braude specializes in corporate compliance issues. She has extensive experience advising clients on the U.S. Foreign Corrupt Practices Act and related federal legislation, including U.S. money laundering laws, and their application to the activities of multinational companies in emerging markets. She has represented clients in connection with DOJ and SEC investigations related to corruption allegations.  She has conducted a number of internal investigations in the former Soviet Union, Asia, Latin America, Europe and Africa, including complex multi-jurisdictional investigations. 

Ms. Braude began her legal career in Kazakhstan and has an in-depth understanding of the cultural and political challenges of doing business in developing countries, especially in the former Soviet Union. She earned her LL.M. from the University of California, Berkeley School of Law in 1999, and has been admitted to practice in New York, the District of Columbia and Kazakhstan.


Maurizio Levi-Minzi has over 20 years of experience advising clients in international mergers and acquisitions, joint ventures and infrastructure projects and co-leads the firm’s Latin America Practice Group. Maurizio has led transactions in Latin America and Europe for private equity groups and strategic investors including: Ambev, Barrick, Brookfield, Clessidra, GP Investments and Mitsui. Maurizio is ranked as a leading lawyer for mergers and acquisitions in Latin America by Chambers Latin America with sources saying he is a “very skilled negotiator and a pleasure to work with.”

In 2016, Maurizio led a panel discussing investments in distressed companies at the Latin Lawyer Private Equity Conference in New York. Maurizio co-chairs the program “Doing Business in and with Emerging Markets (2016)” of the Practising Law Institute and is also an adjunct professor at New York University, where he teaches cross-border M&A. In 2015, he spoke at the Biennial IBA Latin American Regional Forum on the topic of private equity investments in Latin America. In 2014, Maurizio spoke at the annual conference of the IBA in Tokyo on the topic of cross-border M&A transactions between Asian and Latin American companies.

Maurizio is a 1993 graduate of the University of Pennsylvania Law School and holds an M.B.A. in Finance from Golden Gate University. Prior to joining the firm, he was a banker with NMB Bank (ING Bank) in New York. Maurizio is fluent in Italian and Spanish and reads Portuguese.


Mauro M. Wolfe practices in the area of litigation, with a focus on white-collar criminal defense; securities enforcement, including Foreign Corrupt Practices Act investigations; complex civil and administrative litigation; internal corporate investigations; and data security and privacy matters. Mr. Wolfe has represented U.S. and foreign corporations, corporate executives, government officials and others in a broad range of white-collar criminal cases involving securities and commodities, bank and procurement fraud, customs and export violations and bribery. Mr. Wolfe is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell in the areas of Criminal Law, White Collar Crime and Litigation. Mr. Wolfe is listed in the 2012 edition of New York Super Lawyers - Metro in the area of Criminal Defense: White Collar.

Capitalizing on personal relationships in the technology, finance and business communities worldwide, Mr. Wolfe also provides strategic advice to late-stage startups and middle market companies looking to grow exponentially. Mr. Wolfe helps his clients by providing advice and strategically selecting the right advisors (from the Silicon Valley to New York) and accessing the right capital markets options to develop companies into $100 million plus companies. Working as a trusted, strategic advisor and "business" partner, Mr. Wolfe helps companies reach the next level.

In June 2009, Mr. Wolfe was elected to the highly selective and prestigious New York Council of Defense Lawyers, an organization comprising the most well-regarded white collar practitioners in New York.

Mr. Wolfe has been involved in several high profile matters over his career. He has been sourced, quoted, and pictured in various news media including The New York Times, The National Law Journal, Bloomberg, Associated Press, Barron's, Philadelphia Daily News, The Star-Ledger, The New York Post, The San Francisco Chronicle, The Wall Street Journal Blog, CNET News.com, and many others.

In 2013, Indiana University of Pennsylvania honored Mr. Wolfe as an inductee of its Eberly College of Business and Information Technology Hall of Distinction.

A former senior enforcement attorney at the U.S. Securities and Exchange Commission (SEC) and a former federal prosecutor, Mr. Wolfe has extensive experience working with various U.S. and international law-enforcement agencies and securities regulators, including the Federal Bureau of Investigation; Internal Revenue Service; U.S. Postal Inspection Service; U.S. Department of Homeland Security; U.S. Department of Defense-Criminal Investigation Task Force; U.S. Secret Service; the SEC; the New York Stock Exchange; the National Association of Securities Dealers; the Financial Industry Regulatory Authority; the Pennsylvania, New Jersey and New York state securities regulators; the Swiss Central Authorities; New Scotland Yard; and the British Columbia Securities Commission.

Mr. Wolfe served as the Assistant U.S. Attorney in the Securities and Healthcare Fraud Unit in Newark, N.J. Prior to that, he was the Special Assistant U.S. Attorney for the District of New Jersey, where he worked in the Criminal Division, Major Frauds Unit. Earlier in his career, Mr. Wolfe served as a senior attorney in the Enforcement Division of the SEC's Philadelphia District Office and as an assistant district attorney for the Philadelphia District Attorney's Office, Narcotics Division.

Mr. Wolfe is a 1996 graduate of Temple University Beasley School of Law and a graduate of Indiana University of Pennsylvania.


Mr. John Du is a partner of Jun He Law Offices. Mr. Du joined Jun He in 2001 and practices in our New York office.

Practice Areas
Mr. Du focuses on US-China cross-border transactions, direct foreign investment in China, US business and corporate law, and commercial litigation.

Professional Experience
Mr. Du has represented both Chinese companies involving with business in the US as well as US companies involved with business in China. Mr. Du has participated in complex project financing involving China and international financial institutions and has provided legal advice for Chinese loan facilities applying New York law. He has also represented a number of US-based, global multinational companies in their investment and in the re-organization of their operations in China.

Mr. Du has extensive experience in representing high-tech companies in venture capital financing and in the protection of intellectual property. He has also successfully represented trading companies in trade litigations in both federal and state courts in New York .

Prior to joining Jun He in December 2001, Mr. Du engaged in a solo practice in Midtown Manhattan and counseled corporate and individual clients in the areas of corporate structure, business financing and protection of intellectual property.

Mr. Du started his legal career in 1994 as a law clerk for a New York-based, medium-size law firm specialized in entertainment law and commercial transactions. He worked full-time throughout the year and went to law school in the evening. He accumulated valuable hands-on experience in the areas of corporate organization and re-organization, copyright and trademark, as well as commercial litigation.

Education
BA in English, Beijing Institute of International Relations, 1988
MBA, Baruch College, City University of New York, 1994
JD, New York Law School, 1998

Professional Associations
Member, New York and New Jersey State Bar Associations
Member, American Bar Association

Language Skills
Fluent in English and Mandarin


YABO LIN is a partner in Sidley's Palo Alto office. Mr. Lin regularly counsels clients on mergers and acquisitions, capital markets, IP transactions, joint ventures, and corporate governance. His clients include companies based in both the U.S. and Asia. His experience has covered a wide range of industries, including information technology, telecom, clean tech, bio tech, renewable energy and manufacturing. Mr. Lin has also counseled foreign clients on transactions involving U.S. national security issues in connection with the Committee on Foreign Investment in the U.S. ("CFIUS").  

Mr. Lin led the outside counsel team in representing Synopsys, Inc. in its $420 million acquisition of SpringSoft, Inc., a Taiwan Stock Exchange listed company, in 2012. That transaction was believed to be the first acquisition of a Taiwan public company through tender offer by a U.S. technology firm. In 2013, Mr. Lin represented Flextronics International in acquiring Motorola Mobility's global manufacturing operations, as well as a major telecom solutions provider in significant patent portfolio acquisitions.  

Born and raised in China, Mr. Lin was a licensed attorney in China before coming to the U.S. In 2006, Mr. Lin received the highest honor given, the Trailblazer Award, from the National Asian Pacific American Bar Association (NAPABA) for "making substantial and lasting contributions to the Asian Pacific American Community." He was included in the "Best Lawyers under 40" by NAPABA in 2004.  

Mr. Lin is Co-Chairman of the ABA Asia Rule of Law Advisory Board. He serves as a board member of the Law Foundation of Silicon Valley and the Edgar Snow Memorial Foundation. He is an adjunct law professor at Sun Yat-Sen University School of Law.  


Mr. Kapoor is a partner in Davis Polk’s Corporate Department in the Menlo Park and New York offices. He advises on U.S. and cross-border M&A, and represents clients in investments, exits and joint ventures around the world in both public and private companies. He has extensive experience working on deals in the United States, China, India and Hong Kong, among other countries. Mr. Kapoor’s deal and advisory experience also includes credit, capital markets, real estate, insolvency and restructuring, investment funds, litigation/arbitration and corporate governance. He also leads Davis Polk’s India practice. He is recognized as a leading lawyer in various legal industry publications, including Chambers Global, Chambers Asia-Pacific and IFLR1000.

Mr. Kapoor joined Davis Polk in 1999 and became a partner in 2007.  He received his LL.B. from the University of Delhi Faculty of Law in 1977; B.C.L. from Balliol College, University of Oxford in 1998; and LL.M. from New York University School of Law in 1999.


Mr. Li has practiced for more than 26 years with top law firms in Shanghai, New York and Silicon Valley. He is specialized in advising US corporations doing business in China, in cross-border investments, M&A, private placements, public offerings, privatizations, etc., especially in those situations involving Chinese law or Chinese business partners. He is also an expert in debt and equity financing for Chinese corporations, and foreign corporations and funds investing in China.

Mr. Li regularly counsels Fortune 500 companies as well as funds and start-ups in a wide spectrum of industries for transaction, corporate and compliance matters. He has advised more than 200 stock and bond offerings and listings on stock exchanges in Shanghai, New York, Hong Kong, London, Shenzhen and Singapore, and dozens of mergers and acquisitions of significant value.

Since the 1990’s, Mr. Li has been consistently named as a ranked lawyer in M&A, general corporate, capital market, and private equity by Chambers, etc.  He was also honored by the Ministry of Justice of the PRC as one of China’s Ten Best Lawyers.


As counsel in the Corporate Department, Sarah A. Mudho is a member of the Mergers and Acquisitions Group. Sarah's mergers and acquisitions practice includes foreign and domestic acquisitions and investments, divestitures, leveraged buy-outs, joint ventures, recapitalizations and carve-out transactions for U.S.-based and overseas clients engaged in a wide variety of businesses, including the steel, manufacturing, defense, hospitality, healthcare, sporting goods and consumer goods industries. In addition, Sarah acts as pro bono counsel on general corporate matters for Keep A Child Alive.

Experience

Sarah's recent experience includes the following representations:

Meritage Group LP in its acquisition of CoHo Distributing LLC, the second-largest distributor in the MillerCoors beer distribution system.

Important Studios' formation by Trey Parker and Matt Stone, the creators of South Park and The Book of Mormon, to serve as a new multi-platform media company which will house all of Stone and Parker's current and future entertainment activities.

Sumitomo Metal Industries, in its acquisition along with Sumitomo Corporation, of Pennsylvania-based steel company Standard Steel from private equity firm Trimaran Fund Management.

Wellspring Capital Managementin its:

  • acquisition of National Seating & Mobility, Inc. from Ridgemont Equity Partners;
  • sale of portfolio company, Cleaver-Brooks to Harbour Group; and
  • acquisition of ThermaSys Corporation from Sun Capital.

Kohlberg & Co.in its:
  • acquisition of Aurora Casket Company;
  • sale of portfolio company, Hoffmaster Group, Inc., to Metalmark Capital; and
  • acquisition of SouthernCare Holdings, Inc.

Sarah is a member of the Association of the Bar of the City of New York.