News & Analysis as of

Foreign Investment Private Equity

White & Case LLP

High anxiety or real opportunity? Distressed M&A in Europe

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The number of distressed deals reaches record highs as challenging market conditions take their toll - European M&A saw a solid uplift in value in the first half of 2024. Western Europe saw US$390 billion of deals—a rise...more

White & Case LLP

France sets its sights on becoming Europe’s PE leader

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Governmental pressure and an improving macroeconomic outlook could see French buyout activity gaining on the UK French private equity activity posted an impressive deal value in the first half of 2024 despite political and...more

Cooley LLP

Form SHL Due August 30: Foreign Investors’ Holdings of US Securities

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As part of a mandatory survey conducted by the Department of the Treasury, US-resident entities, including venture capital and private equity funds, may be required to report information regarding their non-US resident...more

StoneTurn

NCSC Warns U.S. Startups and Investors of Foreign Bad Actors with Money to Spend

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Last week, the National Counterintelligence and Security Center (“NCSC”), the Office of Economic Security and Emerging Technologies (“OESET”) and other coordinating government agencies issued a warning to U.S. venture...more

Skadden, Arps, Slate, Meagher & Flom LLP

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Jones Day

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

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The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework. The government aims to attract the significant foreign...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

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What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q1 2024

UNITED STATES - New Merger Guidelines Deployed - The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more

Jones Day

Singapore Passes Significant Investments Review Bill in Relation to Transactions Involving National Security Assets

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In recent years, the world has witnessed heightened sensitivity surrounding foreign investments, leading to increased regulatory scrutiny of foreign direct investments ("FDI") on the basis of national security concerns. The...more

Akin Gump Strauss Hauer & Feld LLP

The Road Ahead for Private Equity: Reflections and Predictions

The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more

Husch Blackwell LLP

FERC Takes a New Step in Its Heightened Scrutiny Over What Constitutes Control of a Public Utility

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On Dec. 19, 2023, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comments on whether it should revise its policy on providing blanket authorizations under Section 203(a)(2) of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Strengthens Foreign Investment Controls, Expands Jurisdiction to ‘Commercial Establishments’ Registered in France |...

On 28 December 2023, the French government adopted decree number 2023-1293 (Decree), together with an administrative order of the same date (Order), that expanded the scope of covered investments and covered activities under...more

Hogan Lovells

Proposed new U.S. outbound investment restrictions – what this could mean for APAC businesses and investors

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The Biden Administration has issued its long-awaited outbound investment screening executive order, which imposes on United States (U.S.) persons notification requirements for certain transactions and outright prohibits U.S....more

A&O Shearman

Trends in Dutch Public M&A 2023

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The outlook for public M&A remains challenging, even if we have now reached a plateau in interest rates. We see two primary areas for opportunity: (i) strategic buyers using the current conditions to accelerate...more

White & Case LLP

International bidders bolster German M&A

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Amid a challenging economic climate, international buyers prompted by the energy transition target mainstay sectors including industrials & chemicals and automotive - German M&A has been negatively impacted by an array of...more

White & Case LLP

Sector trends - September 2023: Brokers/Corporate Finance

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Pan-European banks, including Mediobanca and Deutsche Bank, seek senior dealmaker bench strength through high profile acquisitions....more

White & Case LLP

Sector trends - September 2023: Consumer Finance

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UK & European Financial Services M&A: Sector trends H2 2022 | H1 2023 — Consumer Finance - Europe's consumer finance decacorns stumble as their valuations crumble. ...more

Buchalter

U.S. Government Announces Ban on U.S. investments in China High Tech Sectors

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On August 14, 2023, pursuant to a Presidential executive order issued several days earlier, the U.S. Department of the Treasury released an Advance Notice of Proposed Rulemaking (the Proposed Rulemaking) announcing a ban on...more

McDermott Will & Emery

Cross-Border M&A Comparison Table

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Cross-border deals are complex and require mastery of multiple disciplines with unique considerations in different regions. Review our table comparing cross-border deal considerations for various topics across the United...more

Pillsbury Winthrop Shaw Pittman LLP

Establishing and Managing a Business in the UK 2023

Establishing and Managing a Business in the UK”, authored by the attorneys of Pillsbury’s London office, is a concise and practical guide for foreign investors in the UK. The guide covers key concerns and topics such as...more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Stikeman Elliott LLP

Ten Key Considerations for Growth Equity Investments in Canada: Part 3

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As growth equity investment strategies gain prominence in global private equity fundraising and institutional capital allocation, we have seen an increase in this type of investment in Canadian companies, particularly by U.S....more

Stikeman Elliott LLP

Private Equity Investment in Canada

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Regulatory and tax considerations private equity firms should focus on when investing in Canada - The first nine months of 2022 have seen global M&A activity levels fall substantially from the records reached in...more

Hogan Lovells

Clauses statutaires d’exclusion en SAS : une procédure conforme à la Constitution

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Dans un contentieux relatif à la procédure d’exclusion prévue par les statuts d’une SAS, deux précisions utiles sont apportées dans le sillage des modifications introduites par la loi Soilihi n° 2019-744 du 19 juillet 2019....more

White & Case LLP

Africa's coming of age: An interview with Bryce Fort

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You have been a leading player in the private equity sector in Africa for many years now, with key roles in many notable transactions. What attracted you to African PE work? I joined Emerging Capital Partners in 2002,...more

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