After two decades practicing law in Silicon Valley and five formative years working on cross-border deals in Europe, I’ve come to appreciate the subtle (and not-so-subtle) differences in how merger and acquisition (M&A)...more
5/28/2025
/ Acquisitions ,
Arbitration ,
Contract Terms ,
Corporate Counsel ,
Cross-Border Transactions ,
Dispute Resolution ,
Earn-Outs ,
EU ,
Liability ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
Purchase Price Adjustment
When considering the most critical components of mergers and acquisitions (M&A), parties typically focus on deal structure, legal due diligence, and financial modeling. While important to getting a deal done, this focus often...more
As the slowdown in dealmaking continues, both buyers and sellers are left to consider their options moving forward during this period of extreme uncertainty and market volatility. To put the current slowdown in perspective,...more
Cross-border merger and acquisition (M&A) activity in 2025 will be shaped by tumultuous economic, legal, and regulatory change. Driven by the new U.S. administration’s dramatic shift in policies and priorities, developments...more
3/25/2025
/ Acquisitions ,
CFIUS ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Mergers ,
Policies and Procedures ,
Regulatory Requirements ,
Tariffs ,
Trade Wars
There was much hope going into 2025 that we would see a rebound in the IPO market after a bit of a drought over the past few years. We left the uncertainty of the election behind us, and good news on the inflation and...more
3/24/2025
/ Acquisitions ,
Antitrust Provisions ,
Capital Markets ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Inflation Adjustments ,
Initial Public Offering (IPO) ,
Interest Rates ,
Mergers ,
Private Equity ,
Tariffs ,
Venture Capital
Corporate Venture Capital (CVC) investment is an increasingly used strategic tool that enables large corporations to make minority investments in startups that will complement and expand their existing products or services....more
As 2024 comes to a close, so does the current leadership of the FTC. The switch in administrations comes with a transition in leadership at government agencies, and the incoming Trump Administration has just announced its...more
Foley & Larder LLP recently sponsored TEDAI 2024 in San Francisco, drawing industry leaders and change makers to share meaningful new ideas in the rapidly developing area of artificial intelligence (AI). Four Foley partners,...more
11/13/2024
/ Acquisitions ,
Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Due Diligence ,
Healthcare ,
Infrastructure ,
Machine Learning ,
Mergers ,
National Security ,
Transparency
Korea, known for its rich culinary heritage, fascinating history, and renowned hospitality, has long rendered Seoul a favored travel destination. Today, it stands not only as a cultural and historical beacon but also as a...more
There is finally some very good news in terms of M&A activity, with PitchBook reporting that the “M&A recovery is now hitting its stride.” In their Q3 2024 Global M&A Report, PitchBook data shows that in the first three...more
In a highly anticipated move, the Federal Reserve announced an interest rate cut on September 18, reducing rates by 50 basis points to a range of 4.75-5%. This is the first rate cut in four years after interest rates hit a...more
9/27/2024
/ Acquisitions ,
Capital Markets ,
Coronavirus/COVID-19 ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Financial Markets ,
Initial Public Offering (IPO) ,
Interest Rates ,
Investors ,
Mergers ,
Price Inflation ,
Private Equity ,
Startups ,
Technology Sector
We have all been waiting, some of us not very patiently, for a recovery in M&A activity, and Q2 2024 data is showing some green shoots of optimism. PitchBook has released its Global M&A Report for Q2 of this year, and there...more
Everyone is watching to see when venture fundraising will rebound. There has been much speculation surrounding when it will bounce back, and PitchBook is is now predicting it could be 2028 before we see a real recovery in...more
While the M&A market overall was less active than many had hoped in 2023, and with 2024 off to a sluggish start, some areas still look stronger than others, including the sports market.
The sports industry has become so...more
2024 ushered in a seismic shift for mergers and acquisitions (M&A) in the U.S. with the implementation of the Corporate Transparency Act (CTA). Aimed at cracking down on the misuse of shell companies and promoting ownership...more
2/27/2024
/ Acquisitions ,
Beneficial Owner ,
Business Entities ,
Corporate Transparency Act ,
Due Diligence ,
FinCEN ,
Mergers ,
Pooled Investment Vehicles ,
Reporting Requirements ,
Securities Exchange Act of 1934 ,
Tax Exempt Entities
We know 2023 was not a great year for M&A activity, but seed- and early-stage startups fared much better than their later-stage counterparts. A recent PitchBook article addresses this, highlighting data that shows young...more
Share on Twitter Print Share by Email Share Back to top There seems to be a much more positive outlook when discussing the potential for M&A activity in 2024, and that includes the potential for deals across the pond....more
Startups have found themselves pivoting significantly over the past year. Exit plans have either swiveled or been put on hold as valuations have remained low, and there has not been a huge market for M&A or IPOs. But there...more
Most startup founders will tell you that securing funding in 2023 was challenging, to say the least. Due to many contributing factors, venture capital investors pulled back on investments and became much more strategic...more
1/29/2024
/ Acquisitions ,
Artificial Intelligence ,
Debt Instruments ,
Initial Public Offering (IPO) ,
Interest Rates ,
Investors ,
Machine Learning ,
Mergers ,
Startups ,
Supply Chain ,
Venture Capital
Today, a tale of two markets are seen in healthcare mergers and acquisition (M&A): the present (as reflected in the data about declining dealmaking) and the future (reflected in the increasingly positive outlook by...more
12/11/2023
/ Acquisitions ,
Artificial Intelligence ,
Digital Health ,
Divestiture ,
Health Care Providers ,
Health Technology ,
Healthcare ,
Medicaid ,
Medical Devices ,
Medicare ,
Medicare Advantage ,
Mental Health ,
Mergers ,
Startups ,
Telehealth ,
Valuation ,
Value-Based Care
Exit options have been limited for startups in recent months. Through the end of the third quarter of 2023, we saw a lull in M&A activity across the board, including the tech sector. As we kick off the December sprint to the...more
There have been exciting advancements in the digital health space over the past few years that are truly changing lives, but the sector seems to be experiencing a reset as investment drops off. Below, we look at some current...more
As we approach 2024, the M&A landscape is set to experience more shifts and trends that will redefine how companies approach these transactions, and CEOs are keeping a keen eye.
n this volatile post-pandemic era...more
11/1/2023
/ Acquisitions ,
Clean Energy ,
Corporate Governance ,
Cross-Border ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Investment ,
Investors ,
Mergers ,
Private Equity ,
Regulatory Reform
Originally published in Genetic Engineering News on October 10, 2023. Reprinted with permission. The biotechnology sector has long been characterized by its constant innovation, rapid technological progress, and unyielding...more
10/24/2023
/ Acquisitions ,
Biotechnology ,
Collaboration ,
CRISPR ,
Food and Drug Administration (FDA) ,
Innovation ,
Licensing Rules ,
Mergers ,
Pharmaceutical Industry ,
Scientific Research ,
Tax Credits ,
Venture Capital
To say it has been a tough time to be a startup founder over the past two years is an understatement. We all know that venture capital funding has been down, valuations are down, interest rates are up, and the predicted...more