The CMA increasingly reviews PE mergers including historic roll-up deals, which will prompt sponsors to reassess merger control risks.
The UK’s Competition and Markets Authority (CMA) is increasingly focused on...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
GP-led secondary deals — where a sponsor initiates the sale of portfolio companies from a fund it manages to a new fund it also manages — were a prominent feature of the private equity landscape in 2022, encouraged by...more
Consumer-facing companies face an increasingly complex UK regulatory landscape as multiple regulators place the spotlight on consumer rights and protections. A raft of new legislation is set to impact businesses and PE...more
4/5/2023
/ Buy Now Pay Later (BNPL) ,
Compliance ,
Consumer Contracts ,
Consumer Credit Protection ,
Consumer Financial Products ,
Financial Conduct Authority (FCA) ,
New Legislation ,
Portfolio Companies ,
Private Equity ,
Retail Investors ,
Sponsors ,
UK
The Asian PE market presents significant opportunities through minority investments, with nearly 60% of all disclosed PE investments tracked by Preqin since 2000 structured as minority deals. PE deals in Asia range from...more
Greater focus on strong corporate governance and transparency is placing company directors in the UK and elsewhere under growing scrutiny and increased risk of individual civil and criminal liability. As new case law and...more
4/5/2023
/ Board of Directors ,
Compliance ,
Corporate Governance ,
Criminal Liability ,
Enforcement Priorities ,
Investors ,
Personal Liability ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Risk Management ,
Transparency
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
PE acquirers should view unions as stakeholders and factor possible or actual engagement obligations with them into the deal process. Widespread economic pressure — including pay, inflation, and the ongoing cost of living...more
PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape.
Amid concerns of exaggerated or misleading sustainability claims, the UK Financial...more
1/30/2023
/ Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investors ,
OECD ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Reputation Management ,
Risk Alert ,
Sponsors ,
Sustainability ,
Sustainable Business Practices ,
UK
Bond issuers may wish to pursue an unmodified reverse Dutch auction for debt repurchases, an effective but underutilised transaction template that is gaining popularity.
During the second half of 2022, amid ongoing...more
Sponsors are likely to explore share-based schemes and other plans to incentivise non-managerial staff.
Incentivising management with sweet equity and co-investment opportunities is a tried and tested strategy for buyout...more
10/25/2022
/ Corporate Management ,
Employee Benefits ,
Employee Stock Purchase Plans ,
Equity Compensation ,
Executive Compensation ,
Incentive Compensation ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Sponsors ,
UK
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
PE firms seeking to attract a broader range of bidders to portfolio company sales should assess the changing needs of infra-investors.
As the boundaries of what constitutes “infrastructure” assets have blurred in recent...more
The key issues PE deal teams are facing amidst rapidly changing global sanctions and guidance.
Russia’s recent invasion of Ukraine has created new headwinds for PE firms, as a matrix of sanctions and export controls pose...more
Sponsors and dealmakers can satisfy investor demand for greater diversity and leverage opportunities for fund innovation.
Diversity has become a key focus for every industry in recent years, and private equity, like many...more
The fertility sector is likely to present growing opportunities for PE as an emerging, multifaceted industry.
The global fertility sector, which has grown significantly in recent years as demand continues to soar, is...more
Pension consolidators are emerging as an effective solution to manage defined benefit pension plan risk.
As inflation soars and market uncertainty creates additional volatility for UK defined benefit pension (DB) plans,...more
Assertive regulators are bringing greater clarity and new challenges as they step up oversight of fintech innovation.
As the fast-growing fintech industry thrives, the sector has begun to attract greater regulatory...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
PE investors may like the sound of music deals but complex issues remain.
Music deals, particularly the acquisition of rights to songs and recordings by popular music artists, continue to be attractive investments for...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