59% of global respondents are currently using asset-backed securities (ABS) and other structured products.
PE firms are using various debt instruments, with Asia-Pacific firms favoring ABS and senior debt, EMEA firms...more
Following a significant increase in transactions during Q3 2024, optimism is growing for an even stronger year ahead. Our co-published annual report explores growth opportunities and emerging trends that are essential to...more
31% of North American respondents believe that the Republican victory in November’s U.S. presidential election has the potential to boost portfolios, particularly for North American firms.
Donald Trump’s victory in...more
11/12/2024
/ Asia Pacific ,
Clean Energy ,
Climate Change ,
EMEA ,
Energy Sector ,
Federal Reserve ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Investment ,
Investment Portfolios ,
Presidential Elections ,
Private Equity Firms ,
Real Estate Development
60% of respondents globally now offer a co-investment program; in North America, 73% of firms offer co-investments.
Research reveals that co-investments are a popular strategy for firms, particularly those in North...more
93% of respondents are at least somewhat likely to consider take-private deals in the next 12 months, but compared to last year those who responded “very likely” dropped significantly from 80% to 44% – perhaps due to the...more
82% of respondents expect secondaries activity levels to remain buoyant or increase in the next two years following 4x growth in the past five years.
The slowdown in exits and fundraisings seen over the last year is...more
66% of PE firms globally expect increased scrutiny from antitrust, FDI and other regulatory authorities to have a negative impact on their dealmaking plans over the next 12 months.
Rising regulatory scrutiny continues to...more
11/12/2024
/ Antitrust Division ,
Antitrust Provisions ,
Asia Pacific ,
Competition ,
Department of Justice (DOJ) ,
EMEA ,
EU ,
Federal Trade Commission (FTC) ,
Healthcare ,
Mergers ,
New Amendments ,
Private Equity Firms ,
Technology Sector
34% of global respondents are exploring GP-stake divestitures in the next two years.
The slowdown in exits and fundraisings has led PE firms to explore new liquidity routes, with GP-led secondaries and GP stakes becoming...more
With President-elect Trump announced as the winner of the 2024 election, the private equity and private credit sectors are poised for significant developments. Positive economic trends, such as waning inflation, anticipated...more
11/7/2024
/ Acquisitions ,
Antitrust Provisions ,
Banks ,
CFIUS ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Taxes ,
Credit ,
Cryptocurrency ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech ,
Greenhouse Gas Emissions ,
Independent Contractors ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Investment ,
Mergers ,
NLRA ,
Non-Compete Agreements ,
Paris Agreement ,
PFAS ,
Popular ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Tax Cuts ,
Tax Cuts and Jobs Act ,
Unions
Potential Election Impacts on the Private Equity and Private Credit Sectors -
While the 2024 election cycle may introduce temporary uncertainty, the convergence of positive economic trends such as waning inflation,...more
10/29/2024
/ Acquisitions ,
Carbon Emissions ,
CFIUS ,
China ,
Credit ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Institutional Investors ,
Investment Adviser ,
Investors ,
Lenders ,
Lending ,
Mergers ,
NLRB ,
PFAS ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
Tax Cuts
For the sixth consecutive year, Dechert is the contributing editor of the International Comparative Legal Guide - Private Equity. The guide, now in its tenth edition, is one of the most comprehensive comparative guides to...more
9/10/2024
/ Competition ,
Debt Financing ,
France ,
Interest Rates ,
Leveraged Buyout ,
Presidential Elections ,
Price Inflation ,
Private Equity ,
Regulatory Standards ,
UK ,
Valuation
District court finds minority investors in companies accused of antitrust violations are not liable solely by virtue of holding a minority ownership stake.
To obtain injunctive relief, the FTC must allege specific facts...more
In a year marked by rising interest rates and intensified regulatory scrutiny, Dechert stood shoulder-to-shoulder with our private equity and private capital clients, crafting innovative strategies for capital raising and...more
Methodology -
At the beginning of the third quarter of 2022, Mergermarket, on behalf of Dechert LLP, surveyed 100 senior-level executives at private equity (PE) firms based in North America (45%), Europe, the Middle East...more
11/29/2022
/ Capital Raising ,
Carve Out Provisions ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Diversity and Inclusion Standards (D&I) ,
EBITDA ,
EMEA ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
EU ,
European Central Bank ,
Foreign Direct Investment ,
Fund Managers ,
Geopolitical Risks ,
Global Market ,
Hart-Scott-Rodino Act ,
Interest Rates ,
Internal Rate of Return (IRR) ,
Liquidity ,
OECD ,
Private Equity ,
Private Equity Firms ,
Russia ,
Special Purpose Acquisition Companies (SPACs) ,
Supply Chain ,
Technology Sector ,
Ukraine ,
Valuation
Overview -
1.1 What are the most common types of private equity transactions in your jurisdiction? What is the current state of the market for these transactions?
U.S. private equity (“PE”) deal activity faced...more
On November 5, the Biden-Harris Administration published an emergency regulation, the Omnibus COVID–19 Health Care Staff Vaccination Rule, requiring staff at covered health care facilities to be vaccinated against COVID-19...more
11/11/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The global private equity (PE) industry is scorching hot. Pent-up demand for deals was unleashed in H2 2020 following a brief hiatus as the COVID-19 pandemic sent economies all over the world into lockdown. As we head towards...more
Dechert and Mergermarket assess market trajectories -
Growing concerns over geopolitics and fear of a looming recession are the top challenges facing the private equity industry, according to the latest Private Equity...more
10/24/2019
/ Asia Pacific ,
Asset Management ,
Business Strategies ,
Buyouts ,
Capital Gains ,
Credit ,
Cross-Border Transactions ,
Debt ,
EMEA ,
Exit Strategies ,
Foreign Relations ,
General Partnerships ,
Global Dealmaking ,
Global Economy ,
Innovation ,
Joint Venture ,
Limited Partnerships ,
Private Equity ,
Private Equity Firms ,
Recessions ,
Surveys ,
Tax-Free Spin-Offs ,
UK Brexit ,
United States
The recent decision of the Delaware Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG et. al is the first time a Delaware court has found a material adverse effect in the M&A context, and reinforces current Delaware law...more
10/11/2018
/ Acquisitions ,
Breach of Contract ,
Buyers ,
Contract Termination ,
Contract Terms ,
Due Diligence ,
Food and Drug Administration (FDA) ,
Material Adverse Effects ,
Merger Agreements ,
Mergers ,
Pharmaceutical Industry ,
Remedies ,
Representations and Warranties ,
Sellers
Today's crowded, expanding private equity market means that buyout multiples continue to climb, making the deployment of capital a persistent challenge for fund managers. According to 2019 Global Private Equity Outlook, a new...more
9/18/2018
/ Acquisitions ,
Capital Formation ,
Foreign Acquisitions ,
Foreign Investment ,
Fund Managers ,
Global Market ,
Limited Partnerships ,
Long-Term Investment Funds ,
Private Equity ,
Strategic Partnerships ,
Surveys ,
Tariffs ,
Tax Reform ,
Technology Sector
The German government agreed last week to amend the German Foreign Trade and Payments Ordinance (AWV) to address potential concerns raised by foreign investments in certain sectors of the German economy. The amended AWV...more
The recent Delaware case, Williams Cos v. Energy Transfer Equity LP (No. CV 12168-VCG, (Del. Ch. June 24, 2016)), sought to provide some additional guidance on this question, but at bottom the standard adopted by the court is...more
Representation and warranty insurance (R&WI) has become an integral component of the M&A landscape and is here to stay. The data speaks for itself: in 2014, more than 700 U.S. R&WI policies were issued, which was double the...more
8/19/2015
/ Acquisitions ,
Buyers ,
Commercial Insurance Policies ,
Escrow Accounts ,
Indemnification ,
Indemnification Clauses ,
Mergers ,
Representations and Warranties ,
Risk Allocation ,
Scope of Coverage ,
Sellers ,
Underwriting