In a challenging fundraising environment, private wealth investors are filling the gap, aided by investment platforms, intermediaries, and evolving legal structures.
In recent years, inflationary pressures, interest rate...more
8/13/2024
/ B2B Organizations ,
B2C ,
Capital Raising ,
ELTIF ,
EU ,
Fund Sponsors ,
Institutional Investors ,
Investment Banks ,
Investment Funds ,
Investment Management ,
Investors ,
Private Equity ,
Private Funds ,
UK
Substantial changes to the European life sciences and healthcare regulatory landscape are expected to reshape the sector. EU regulators have outlined a raft of reforms to modernise regulatory architecture, simplify product...more
The European Union’s Corporate Sustainability Reporting Directive (CSRD), which entered into force in January 2023, marks a new era for ESG reporting across Europe (and globally). CSRD is the latest in a wave of new rules...more
7/26/2023
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
Member State ,
Portfolio Companies ,
Private Equity ,
Reporting Requirements ,
Sustainability ,
Sustainable Business Practices
Artificial Intelligence has the potential to be the next transformational technology, and as adoption of AI-powered tools continues to increase, deal activity in the AI space will follow. Regulators and law makers are...more
European M&A is expected to become more complex after European legislators agreed on a new Foreign Subsidies Regulation (FSR), which came into force in January 2023 and aims to control subsidies that distort the EU internal...more
7/25/2023
/ Acquisitions ,
Disclosure Requirements ,
EU ,
European Commission ,
Foreign Subsidies ,
Investment Funds ,
Joint Venture ,
Mergers ,
New Regulations ,
Notice Requirements ,
Private Equity
Warranty and indemnity insurance may remain a staple of European private equity, but are buyers changing course?
Warranty and indemnity (W&I) insurance has become an important component of European PE transactions in...more
Navigating evolving digital economy regulation requires a sophisticated and proactive approach from dealmakers.
Amid the ongoing global proliferation of regulation governing the digital economy, EU and UK legislators are...more
A new regulation to control foreign subsidies could entail more complex, costly, and time-consuming deal clearances.
European M&A is set to become more complex after the entry into force of the Foreign Subsidies...more
10/24/2022
/ Acquisitions ,
Competition ,
Complex Corporate Transactions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Joint Venture ,
Mergers ,
New Regulations ,
Subsidies
PE deal teams can increasingly access direct lending for large, cross-border buyouts but regulatory and structuring challenges across jurisdictions remain.
Direct lending has long been a feature of the debt market, and...more
The film, television, and digital content production industries are ripe for PE investment, thanks to shifting revenue structures and European quotas.
The extraordinary growth of entertainment streaming platforms over...more
The once shunned cannabis sector now offers attractive PE opportunities in many jurisdictions.
In years gone by, the prospect of significant PE investment in the cannabis industry would have been unthinkable for many....more
Green shoots emerge as PE firms consider new ways to incorporate ESG into dealmaking.
Market sentiment and the increasing importance of environmental, social, and governance (ESG) to firms’ competitiveness across the...more
10/7/2021
/ Climate Change ,
Consultation ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Reporting ,
General Partnerships ,
Limited Partnerships ,
Private Equity ,
Private Equity Funds ,
Publicly-Traded Companies ,
SFDR ,
Sustainable Business Practices ,
UK
From potential cartel behaviour to repaying government loans, deal teams should remain alert to lingering issues rooted in a company’s response to the pandemic. The recovery of the European PE market since the early days of...more
6/28/2021
/ Acquisitions ,
Asset Purchase Agreements ,
Business Valuations ,
Cartels ,
Complex Corporate Transactions ,
Contract Terms ,
Coronavirus/COVID-19 ,
EU ,
Federal Loans ,
Material Adverse Change Clauses (MACs) ,
Private Equity ,
Purchase and Sale Agreements ,
Representations and Warranties ,
Risk Assessment ,
Share Purchase Agreements
Beyond creative works and consumer products, NFTs open up new avenues for IP monetisation in the technology, life sciences, and pharmaceutical industries.
Non-fungible tokens (NFTs), one-of-a-kind cryptoassets stored on...more
6/25/2021
/ Anti-Money Laundering ,
Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
EU ,
Know Your Customers ,
Life Sciences ,
MiFID ,
Non-Fungible Tokens (NFTs) ,
Technology Sector ,
Token Sales ,
UK
As interest in European SPACs heats up amid an increasingly receptive regulatory environment, dealmakers must navigate market differences.
While US special purpose acquisition company (SPAC) IPOs and related M&A activity...more
The CMA’s efforts to make dynamic, forward-looking assessments of parties’ overlaps will only increase post-Brexit.
Dealmakers must be alert to the increasingly interventionist approach of the UK’s Competition and Markets...more
European PIPEs — which have experienced an uptick due to COVID-19-related market volatility — present unique structural, informational, and governance considerations for private equity investors.
European private...more
Despite practical challenges, earnouts are a tool that PE buyers should increasingly consider to reconcile differences and get deals done.
The use of earnouts, though historically disliked by PE buyers, is increasing...more
Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more
12/9/2019
/ Antitrust Division ,
Antitrust Violations ,
Competition Authorities ,
Contract Terms ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Authority ,
EU ,
France ,
Gun-Jumping ,
Ireland ,
Italy ,
Merger Controls ,
No-Poaching ,
Portfolio Companies ,
Private Equity Firms ,
Risk Assessment ,
Risk Management ,
Technology Sector ,
UK ,
Wage-Fixing
Sustainable finance and its surrounding infrastructure offers growing potential for deals and green innovation.
The global sustainable finance market has expanded rapidly in recent years, approaching US$320 billion in new...more
12/9/2019
/ Acquisitions ,
Asset Management ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Debt Market ,
Environmental Social & Governance (ESG) ,
EU ,
Green Bonds ,
Green Finance ,
Investment ,
Mergers ,
Private Equity ,
Private Equity Funds ,
Publicly-Traded Companies ,
Sustainability ,
UK ,
United Nations
Adherence to secrecy, pre-announcement preparations, realistic expectations-setting, and strategic plans for taking control are keys to P2P deal success.
The deal market has seen a resurgence in public to private (P2P)...more
Firms targeting assets divested by conglomerates still face obstacles, though barriers to PE investment in Japan are gradually falling.
Many hurdles that traditionally challenged private equity firms looking to invest in...more
9/30/2019
/ Acquisitions ,
Cross-Border Transactions ,
EU ,
Foreign Exchanges ,
Foreign Investment ,
Foreign Trade Regulations ,
Global Economy ,
Japan ,
Mergers ,
Popular ,
Private Equity ,
Taxation (Cross-border Trade) Act 2018 (TCTA 2018)
Persisting political and economic uncertainty means awareness of market changes remains crucial.
The 2008 distress cycle triggered defaults and restructurings for European PE portfolio companies, as maintenance covenant...more
Companies previously considered immune from activist campaigns have come under pressure, driving new public and private deal opportunities for private equity.
US shareholder activists are an established presence in Europe....more
6/25/2019
/ Acquisitions ,
Complex Corporate Transactions ,
Corporate Governance ,
EU ,
Financial Sponsors ,
Mergers ,
Private Equity ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Shareholder Activism ,
Shareholders ,
Short Selling ,
UK
In a continually evolving antitrust landscape, we consider five key trends that PE deal teams should be aware of.
Focus on Non-Controlling Stakes in Competing Companies -
Antitrust authorities are paying closer...more
3/13/2019
/ Acquisitions ,
Antitrust Division ,
Common Ownership ,
Competition Authorities ,
Document Productions ,
EU ,
European Commission ,
Gun-Jumping ,
Investors ,
Merger Controls ,
Private Equity ,
UK