Enhanced SFO powers and promises of swifter action on economic crime underscore the importance of anti-fraud measures for corporates and M&A dealmakers.
The UK government is cracking down on corporates turning a blind eye...more
While class actions are well established in the US, they are increasingly common in the UK, driven by market volatility, availability of litigation funding, legal reforms, regulatory settlements, and growing scrutiny of...more
5/29/2024
/ Acquisitions ,
Class Action ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
FSMA ,
Mergers ,
Opt-Outs ,
Publicly-Traded Companies ,
Risk Mitigation ,
Shareholder Litigation ,
Shareholders ,
UK
The UK government is considering steps to make the regime more business-friendly, while maintaining and refining essential national security protections.
The National Security and Investment Act 2021 (NSIA), the UK’s first...more
The UK market continues to prove a fertile hunting ground for shareholder activism, with US-based investors spearheading a significant proportion of public campaigns during 2023. These seasoned investors with a track record...more
1/12/2024
/ Acquisitions ,
Best Practices ,
Corporate Governance ,
Investors ,
Mergers ,
Public Limited Companies (PLC) ,
Publicly-Traded Companies ,
Shareholder Activism ,
Shareholders ,
Strategic Planning ,
Target Company ,
UK
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement.
Regulators on both sides of the Atlantic are placing...more
9/29/2023
/ Acquisitions ,
Anti-Competitive ,
Department of Justice (DOJ) ,
Employment Contract ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
New Guidance ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Risk Mitigation ,
Strategic Enforcement Plan ,
UK ,
UK Competition and Markets Authority (CMA) ,
Wage-Fixing
Increased use of earnouts is likely to facilitate M&A deals across sectors in Europe.
Earnouts are increasingly common in European M&A. The growing prevalence of this contractual provision — in which additional...more
5/18/2023
/ Acquisitions ,
Business Valuations ,
Contract Terms ,
De-Risking ,
Early Stage Companies ,
Earn-Outs ,
EBITDA ,
Energy Sector ,
EU ,
Life Sciences ,
Mergers ,
Technology Sector ,
Valuation
The EU has implemented a range of measures to promote the sustainability and competitiveness of the battery value chain.
Batteries play a crucial role across key sectors of the global economy and society, helping to...more
Changing market dynamics have led buyers to assess available options to address post-closing target company issues.
Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more
5/12/2023
/ Acquisitions ,
Commercial Insurance Policies ,
Contract Disputes ,
Contract Terms ,
Due Diligence ,
Financial Statements ,
Fraud ,
Indemnity Insurance ,
Insurance Claims ,
Mergers ,
Post-Closing Rights ,
Risk Assessment ,
Target Company ,
Warranty Insurance
With the recent UK “Green Day” announcements confirming the government’s support for CCUS, interest in UK CCUS projects is expected to continue to grow. While there are significant opportunities for investors, careful...more
Those involved in M&A activity should view unions as major stakeholders and factor any possible or actual engagement obligations with them into an M&A deal process....more
The UK government has unveiled a number of measures with the overall purpose of reaching net zero by 2050 and meeting the UK’s climate targets.
On 30 March 2023, on what has been called the UK’s “green day”, the UK...more
3/31/2023
/ Carbon Capture and Sequestration ,
Climate Change ,
Energy Sector ,
Environmental Policies ,
Federal Funding ,
Green Finance ,
Green Initiatives ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Net Zero ,
Nuclear Power ,
Public Policy ,
Renewable Energy ,
UK
The proposals form part of the Green Deal Industrial Plan and aim to scale up technology and materials for the energy transition.
On 16 March 2023, the European Commission (Commission) formally proposed two legislative...more
European corporate venture capital teams should reflect on their rights in light of falling valuations, revised exit expectations, and other challenges. This year has been challenging for venture capital (VC).
Valuations...more
A new regulation to control foreign subsidies could result in more complex, costly, and time-consuming M&A clearance processes.
European M&A is set to become more complex after the European Parliament and European Council...more
10/21/2022
/ Acquisitions ,
Competition ,
Complex Corporate Transactions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Joint Venture ,
Mergers ,
New Regulations ,
Subsidies
M&A deal teams face complicated legal issues amidst rapidly changing global sanctions and guidance.
Russia’s invasion of Ukraine has created new headwinds for M&A dealmakers, as a complicated matrix of sanctions and...more
9/14/2022
/ Acquisitions ,
Economic Sanctions ,
Export Controls ,
Foreign Investment ,
Mergers ,
Risk Assessment ,
Russia ,
Target Company ,
Trade Restrictions ,
UK ,
Ukraine
Recent private equity investments in high-profile deals, such as Bain Capital’s acquisition of esure and Apollo’s acquisition of Aspen Insurance, have brought European insurance sector deal values to record highs. Regulatory...more
11/30/2018
/ Acquisitions ,
EU ,
Financial Services and Markets Act ,
Insurance Industry ,
Investors ,
M&A Brokers ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management ,
Senior Management Regime (SMR) ,
Solvency II ,
Target Company ,
UK
The Expert Finance Working Group on Small Nuclear Reactors (EFWG), an independent group convened in January 2018 by the Department for Business, Energy & Industrial Strategy, recently published its report with recommendations...more
The UK government recently published its Nuclear Sector Deal (Sector Deal) as part of the UK’s modern industrial strategy. Recognising the sector’s strategic importance in delivering future energy security, the Sector Deal...more
The FCA has recently announced that it will begin a review of how firms have implemented the unbundling rules “within weeks”.
At its recent asset management conference, the FCA announced that it will imminently launch a...more