Category Archives: M&A and Private Equity

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W&I Insurance: Hard Staple, Hard Sell?

Warranty and indemnity insurance may remain a staple of European private equity, but are buyers changing course? By Neil Campbell, Tom D. Evans, Sebastian Pauls, Maximilian Platzer, David J. Walker, Edward Coates, and Catherine Campbell Warranty and indemnity (W&I) insurance has become an important component of European PE transactions in recent years. However, changing market … Continue Reading

PE Must Strike the Right Balance With Unions

PE acquirers should view unions as stakeholders and factor possible or actual engagement obligations with them into the deal process. By Kendall Burnett, Tom D. Evans, David J. Walker, Paul Lawrence, and Catherine Campbell Widespread economic pressure — including pay, inflation, and the ongoing cost of living crisis — has increased union visibility. As the … Continue Reading

PE on Red Alert for Greenwashing in Light of UK Developments

PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape. By Tom D. Evans, Nell Perks, Anne Mainwaring, David J. Walker, and Catherine Campbell Amid concerns of exaggerated or misleading sustainability claims, the UK Financial Conduct Authority’s (FCA) recent proposal for new labelling and disclosure rules to … Continue Reading

Buying Bonds or Selling Tulips: Dutch Auctions and Other Debt Repurchase Strategies for PE

Bond issuers may wish to pursue an unmodified reverse Dutch auction for debt repurchases, an effective but underutilised transaction template that is gaining popularity. By Francesco Lione, Tom D. Evans, David J. Walker, and Catherine Campbell During the second half of 2022, amid ongoing market dislocation and as debt trading prices shrunk, paring back financial … Continue Reading

Avoiding Misadventures in Venture: Considerations for European Corporates

European corporate venture capital teams should reflect on their rights in light of falling valuations, revised exit expectations, and other challenges. By Richard Butterwick, Beatrice Lo, Shing Yuin Lo, Mike Turner, Jon Fox, and Catherine Campbell This year has been challenging for venture capital (VC). Valuations of VC-backed companies listed on the public markets dropped … Continue Reading

Action Needed as PE Faces Evolving Web of Digital Economy Regulation

Navigating evolving digital economy regulation requires a sophisticated and proactive approach from dealmakers. By Tom D. Evans, Deborah Kirk, David J. Walker, Alice Drayton, Catherine Campbell, and Amy Smyth Amid the ongoing global proliferation of regulation governing the digital economy, EU and UK legislators are taking significant strides toward creating a fairer and safer digital … Continue Reading

European Scrutiny of Foreign Subsidies to Impact PE Deals

A new regulation to control foreign subsidies could entail more complex, costly, and time-consuming deal clearances. By Carles Esteva Mosso, Tom D. Evans, Elisabetta Righini, David J. Walker, Gillian Bourke, Natália Solárová, Werner Berg, France-Helene Boret, and Catherine Campbell European M&A is set to become more complex after the entry into force of the Foreign … Continue Reading

Foreign Subsidies Regulation Presents a New Hurdle for European M&A

A new regulation to control foreign subsidies could result in more complex, costly, and time-consuming M&A clearance processes. By Richard Butterwick, Carles Esteva Mosso, Beatrice Lo, Elisabetta Righini, Gillian Bourke, Natália Solárová, Werner Berg, France-Helene Boret, and Catherine Campbell European M&A is set to become more complex after the European Parliament and European Council agreed … Continue Reading

Navigating Sanctions in M&A: Seven Questions for Deal Teams to Consider

M&A deal teams face complicated legal issues amidst rapidly changing global sanctions and guidance. By Richard Butterwick, Les P. Carnegie, Charles Claypoole, Beatrice Lo, Mikhail Turetsky, Andrew P. Galdes, Ruchi G. Gill, Thomas F. Lane, and Catherine Campbell Russia’s invasion of Ukraine has created new headwinds for M&A dealmakers, as a complicated matrix of sanctions … Continue Reading

Bridging the Gap Between Infrastructure and PE Requires a Fresh Approach to Deal Terms

PE firms seeking to attract a broader range of bidders to portfolio company sales should assess the changing needs of infra-investors. By Tom D. Evans, John Guccione, Brendan Moylan, David J. Walker, George Venables, and Catherine Campbell As the boundaries of what constitutes “infrastructure” assets have blurred in recent years, PE firms are more frequently … Continue Reading

Direct Lending Goes Large

PE deal teams can increasingly access direct lending for large, cross-border buyouts but regulatory and structuring challenges across jurisdictions remain. By Marcello Bragliani, Tom D. Evans, Michel Houdayer, Joseph Kimberling, David J. Walker, Thomas Weitkamp, Antonina Semyachkova, Catherine Campbell, and Yien Ee Direct lending has long been a feature of the debt market, and has … Continue Reading

PE Firms Poised for Diversity Drive

Sponsors and dealmakers can satisfy investor demand for greater diversity and leverage opportunities for fund innovation. By Tom D. Evans, Kem Ihenacho, David J. Walker, Clare Scott, Jennifer Cadet, Anne Mainwaring, and Catherine Campbell Diversity has become a key focus for every industry in recent years, and private equity, like many other parts of the … Continue Reading

Six Sanctions Questions for PE to Scrutinise

The key issues PE deal teams are facing amidst rapidly changing global sanctions and guidance. By Les Carnegie, Charles Claypoole, Tom D. Evans, David J. Walker, Ruchi Gill, Alli Hugi, Thomas Lane, and Catherine Campbell Russia’s recent invasion of Ukraine has created new headwinds for PE firms, as a matrix of sanctions and export controls … Continue Reading

PE Goes to Hollywood

The film, television, and digital content production industries are ripe for PE investment, thanks to shifting revenue structures and European quotas. By Tom D. Evans, Farah O’Brien, Libby Savill, David J. Walker, Rachael Astin, Jon Fox, and Catherine Campbell The extraordinary growth of entertainment streaming platforms over the last decade has made investments in the … Continue Reading

Rising Regulation of Fintech Innovation — Implications for PE Investments

Assertive regulators are bringing greater clarity and new challenges as they step up oversight of fintech innovation. By Stuart Davis, Tom D. Evans, Nicola Higgs, Christian F. McDermott, David J. Walker, Brett Carr, Catherine Campbell, and Charlotte Collins As the fast-growing fintech industry thrives, the sector has begun to attract greater regulatory scrutiny. We expect … Continue Reading

Pension Consolidator Vehicles — A New Solution for PE

Pension consolidators are emerging as an effective solution to manage defined benefit pension plan risk. By Tom D. Evans, Victoria Sander, David J. Walker, Shaun M. Thompson, Paul R. Lawrence, and Catherine Campbell As inflation soars and market uncertainty creates additional volatility for UK defined benefit pension (DB) plans, PE firms now have a new … Continue Reading

The Reproductive Sector — Fertile Ground for PE Deals

The fertility sector is likely to present growing opportunities for PE as an emerging, multifaceted industry. By Heather B. Deixler, Tom D. Evans, Elizabeth M. Richards, Linzi Thomas, Eveline Van Keymeulen, David J. Walker, Betty C. Pang, Stuart McRobbie, and Catherine Campbell The global fertility sector, which has grown significantly in recent years as demand … Continue Reading

Cannabis Rethink Sparks PE Interest

The once shunned cannabis sector now offers attractive PE opportunities in many jurisdictions. By Stuart Alford QC, Tom D. Evans, Eveline Van Keymeulen, Elizabeth Richards, David J. Walker, and Catherine Campbell In years gone by, the prospect of significant PE investment in the cannabis industry would have been unthinkable for many. However, regulatory and legal … Continue Reading

Why Music Deals Sound Attractive to PE

PE investors may like the sound of music deals but complex issues remain. By Tom D. Evans, Andrew Gass, Kem Ihenacho, David Little, Lisbeth Savill, David J. Walker, Jonathan West, Rachael Astin, Amrita Ahuja,  Oscar Hayward, and Catherine Campbell Music deals, particularly the acquisition of rights to songs and recordings by popular music artists, continue … Continue Reading

The Rise of the Competitive Scheme and Other Developments for Private Equity P2P Bidders

Private equity’s growing appetite for UK-listed targets comes with the need for Takeover Code-savvy dealmakers. By Doug Abernethy, Richard Butterwick, Tom Evans, David J. Walker, and Catherine Campbell Amid stiff competition for attractive private targets, PE firms are competing more regularly against corporates and rival sponsors for listed targets, requiring skillful navigation of the dynamics … Continue Reading

New Year, New Considerations for PE Under UK’s National Security and Investment Act

Under the new legislation, BEIS may block or impose conditions on deals. By Tom D. Evans, Jonathan Parker, David J. Walker, Stephanie Adams, and Catherine Campbell The UK’s National Security and Investment Act (NSI Act), is now officially in force, granting powers to the Secretary of State for Business, Energy and Industrial Strategy (BEIS) to … Continue Reading

ESG on the Rise in M&A Transactions

Dealmakers should continue to weigh the impact of ESG issues on M&A deals as ESG standards evolve. By Richard Butterwick, Pierre-Louis Cléro, Paul A. Davies, Tobias Larisch, Michael D. Green, James Bee, and Catherine Campbell Environmental, social, and governance (ESG) issues have become increasingly important for corporates in recent years, driven initially by investor and … Continue Reading