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
How can private equity firms identify and mitigate inherited liability risk from vulnerable portfolio companies?
Ongoing big ticket regulatory fines coupled with high profile corporate veil cases indicate that private...more
9/30/2019
/ Acquisitions ,
British Airways ,
Data Breach ,
Due Diligence ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Mergers ,
Piercing the Corporate Veil ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Risk Assessment ,
Risk Mitigation ,
Successor Liability ,
UK
Adherence to secrecy, pre-announcement preparations, realistic expectations-setting, and strategic plans for taking control are keys to P2P deal success.
The deal market has seen a resurgence in public to private (P2P)...more
Firms targeting assets divested by conglomerates still face obstacles, though barriers to PE investment in Japan are gradually falling.
Many hurdles that traditionally challenged private equity firms looking to invest in...more
9/30/2019
/ Acquisitions ,
Cross-Border Transactions ,
EU ,
Foreign Exchanges ,
Foreign Investment ,
Foreign Trade Regulations ,
Global Economy ,
Japan ,
Mergers ,
Popular ,
Private Equity ,
Taxation (Cross-border Trade) Act 2018 (TCTA 2018)
Cornerstone investments can assist a firm’s overall exit objective, particularly when there are bidders for a portfolio company but no outright buyer.
Cornerstone investments, which involve taking a stake in an...more
Companies previously considered immune from activist campaigns have come under pressure, driving new public and private deal opportunities for private equity.
US shareholder activists are an established presence in Europe....more
6/25/2019
/ Acquisitions ,
Complex Corporate Transactions ,
Corporate Governance ,
EU ,
Financial Sponsors ,
Mergers ,
Private Equity ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Shareholder Activism ,
Shareholders ,
Short Selling ,
UK
With the explosion of AI applications, private equity houses and their portfolio companies must understand where key opportunities lie.
Artificial intelligence (AI) developments provide increasing opportunities for...more
Ten years ago, a PE investment in a European bank would have been a rare occurrence. However, more recently, PE firms have deployed capital in the banking sector, encouraged by changing regulatory perceptions of PE bidders....more
In a continually evolving antitrust landscape, we consider five key trends that PE deal teams should be aware of.
Focus on Non-Controlling Stakes in Competing Companies -
Antitrust authorities are paying closer...more
3/13/2019
/ Acquisitions ,
Antitrust Division ,
Common Ownership ,
Competition Authorities ,
Document Productions ,
EU ,
European Commission ,
Gun-Jumping ,
Investors ,
Merger Controls ,
Private Equity ,
UK
Recent and upcoming regulatory guidance on cryptoassets and the regulation of companies engaged in digital currency, such as issuers, crypto-exchanges, crypto-custodians, crypto-brokers, and other service providers, could...more
3/13/2019
/ Banking Sector ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
EU ,
Financial Services Industry ,
Investors ,
Legislative Agendas ,
Payment Processors ,
Private Equity ,
Regulatory Reform ,
UK
Warranty and indemnity insurance (W&I) has become a common feature of European transactions in recent years, amid a strong sellers’ market that has enabled vendors to offload risk to buyers. According to the most recent...more
The UK government has assumed an increasingly interventionist approach to foreign takeovers in recent years. In June 2018, the UK adopted new powers to review deals on national security grounds, extending the scope and...more