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W&I Insurance Likely to Play Increasing Role in Energy and Infrastructure

Stapled W&I policies and synthetic policies will likely be increasingly common features of E&I transactions, although their feasibility should be assessed case by case. Warranty and indemnity insurance (W&I) is a...more

Infrastructure Insights - October 2023

EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

Beyond the Valuation Gap - Flexing Earnouts in the Current M&A Environment

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

Investing in UK CCUS Projects - Opportunities and Challenges

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

UK “Green Day” - Key Policy Measures Announced to Fuel Investment in Green Energy and Achieve Net Zero

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

UK Net Zero Strategy: Understanding the Impact on Key Sectors

The strategy sets out plans to reduce emissions from key sectors of the UK economy to ensure that the UK remains on track for net zero by 2050. On 19 October 2021, the UK government published its climate change strategy,...more

Navigating M&A in 2019 — How Deal Terms Are Responding to the Current M&A Market

Drawing on Latham’s Sixth Private M&A Market Study, we explore trends and developments in consideration mechanics and deal conditionality. Uncertainty has been a significant market factor in 2019....more

Africa Oil & Gas Report: How Will the Sustainability Agenda Impact Development in Africa?

As sustainability has moved up the agenda across the globe, politicians, investors, corporates, and multinational funding bodies have taken note. In the public sector, governments and intergovernmental organisations have...more

New Foreign Investment Control of UK Critical Infrastructure Projects

Changes will align the UK’s policy framework for ownership and control of critical infrastructure with other major economies. On 15 September 2016, the UK Government announced its delayed approval of the proposed...more

Return of the MAC – Material Adverse Change Clauses Making a Comeback in Oil and Gas Deals

For many years, US and UK M&A practices have differed in their use of material adverse change clauses (MACs) in sale and purchase documents. Common, even ubiquitous in the US, these clauses, which permit a buyer to refuse to...more

New Oil and Gas Decommissioning Strategy Published by UK Oil and Gas Authority

Sustained investment in offshore platforms and production installations has been critical in securing the UK’s energy supply. Despite ongoing oil price volatility, in 2016 and 2017 £3-4 billion of capital per year is...more

‘Fit for 50’ – Restructurings Likely as Oil Industry Enters New Normal

Prior to the recent collapse in oil values, prices existed at over $100 a barrel for over three years. It made the economics of oil exploration, production and sale comparatively straightforward, but embedded costs into the...more

Oil price turbulence benefits the opportunistic

The prolonged turbulence in oil prices has brought cost reduction programmes, the shelving of projects, and insolvencies in the oil field services (OFS) and exploration and production (E&P) sectors — and has presented a once...more

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