There has been a remarkable change in the metrics used to calculate earnout payments in recent years. According to analysis of the Goodwin Private Equity Deals Database, there’s a shift towards the use of EBITDA (Earnings Before Interest, Taxes, Depreciation, and Amortization) as a crucial determinant. The analysis indicates that EBITDA became almost as prevalent…
Adding to its international footprint, the Japanese law firm TNY Group is preparing to inaugurate its first office in India. This comes following India’s decision half a year prior to liberalize its domestic legal market. The recent establishment of the TNY Group came in 2021, under the co-guidance of managing partners Yuji Tsutsumi and Takahisa…
Stroock & Stroock & Lavan LLP, a renowned law firm, announced on Monday its plan to initiate a full buyout of its pension. This move comes as the firm is reportedly in the process of seeking a merger with another firm. The pension buyout has been voted on and approved by a requisite majority within…
As of now, the EU Foreign Subsidies Regulation (FSR) – which oversees cross-border monetary contributions – has officially taken effect. The European Commission (EC) will gain increased regulatory power thanks to the FSR. This outcome comes as part of a commitment to reduce distortion to competition within the EU’s internal market, a disruption which traditionally…
The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have issued draft guidelines concerning the application of U.S. antitrust laws to merger investigations. This represents a significant shift in policy direction, calling into question decades of legal precedent on merger enforcement. Significantly, the draft guidelines propose an abandonment of competitive effects analyses, which…
In a recent development in the healthcare and life sciences private equity space, WM Partners has completed the acquisition of Allergy Research Group from Kikkoman Corp. This transaction marks a significant venture for WM Partners into the thriving sector of healthcare. As reported by JD Supra, the details of the transaction have not been fully…
Recently, the Federal Trade Commission (FTC) and Department of Justice (DOJ) presented drafts of their proposed new Merger Guidelines. The main purpose of these revisions is to reflect and respond to the realities of the modern economy. These proposed guidelines will offer a new set of overarching principles for the FTC and DOJ to implement…
While artificial intelligence (AI) may be a fairly recent addition to tech stacks generally, M&A lawyers are quite accustomed to this form of technology. Having been incorporated into their utilities for some time, near about a decade now, AI is not a newcomer in the world of mergers and acquisitions law. The increase of AI…
As the globe continues to navigate an uncertain economic landscape, with challenges such as climbing interest rates, inflation and the looming threat of a potential recession, the Mergers and Acquisitions (M&A) activity landscape is also adjusting. Industry experts suggest that the future may include an increased prevalence of transactions involving distressed targets, particularly within the…
In a noteworthy development from the world of law, Osler, a leading Canadian law firm, has appointed a new co-chair from its Toronto Mergers and Acquisitions (M&A) division. Notably, alongside this significant change, the firm has also welcomed new partners into its Intellectual Property (IP) and real estate divisions, showing a clear commitment to expansion…