Resource Library

This article focuses on the third of the three principal types of transaction structures used in mergers and acquisitions (M&A), Mergers, which means not a generic kind of business combination, but “statutory Mergers” executed pursuant to one or more states’ merger statutes, in which one company merges into another. Following the discussion are “Deal Points” on important considerations in the purchase or sale of a business: what to do, and what at all costs not to do.

Public reporting company status is traditionally prestigious, increases access to capital, improves liquidity and enables more favorable financing terms and opportunities. Yet public reporting company status exposes companies to the glare of public scrutiny and burdensome compliance obligations, often before they are ready to shoulder those responsibilities and sometimes without raising much capital or increasing liquidity and financing opportunities appreciably. In the meantime, the private equity markets increasingly dwarf the public markets and provide the overwhelming amount of capital markets investment. This article addresses the question of when should companies go public, and when should they stay private.

Learn about the implications of climate risk for the financial sector, financial risk, litigation, and greenwashing.

A review of mergers and acquisitions in Europe in 2021, with insights on key trends.

An overview of mergers and acquisitions in Europe in 2021.

A perspective on mergers and acquisitions in Europe in 2022 and 2023.

The “Lummis-Gillibrand Responsible Financial Innovation Act,” lays out a bold agenda for legal reform across multiple regulatory regimes aimed at clarifying legal requirements for regulated entities to issue, trade, and provide services related to certain digital assets. This article provides a brief summary of 10 impactful provisions from the bill.

On May 4, 2022, California Governor Gavin Newsom issued an executive order on digital assets largely echoing the positive sentiments of President Biden’s February executive order. The order looks to create transparent regulation around digital assets and drive innovation into the state. By directing state agencies to engage in a cooperative discussion with stakeholders and developers in web3, California sought to create an informed supplement to the federal report on digital assets, that were due in September 2022.

The Australian Securities & Investments Commission (ASIC) published Information Sheet 272 (INFO 272) and Report 728 (REP 728) on the eve of the corporate collective investment vehicle’s (CCIV) commencement. With the commencement of the CCIVs on 1 July 2022, ASIC released 7 regulatory guides on 23 June 2022, relating to the registration and licensing requirements for CCIVs. INFO 272 provides much needed clarity on how both the CCIV itself and its initial sub-funds are to be registered.

This article gives a general overview of mergers and acquisitions (M&A), and following the discussion are “Deal Points” on important considerations in the purchase or sale of a business: what to do, and what at all costs not to do.