Published on: October 20 2023
Contributed by: Adam Li and Fang He, partners at JunHe and members of XBMA's Legal Roundtable. Mr. Li is a leading expert in international mergers and acquisitions, capital markets and international financial transactions involving Chinese companies. Ms. He has broad experience in M&A, outbound investment, foreign direct investment, and private equity.
This article was co-authored by JunHe LLP Partner Zhenyong (Allan) Ye and Frost Brown Todd Attorney-at-law Aaron M. Bernay. Summer intern Shizun Zhou from JunHe LLP and summer associate James Hardman from Frost Brown Todd also contributed.
Despite frequent frictions in recent trade relations, the growing scale of the economic relationship between the world’s two largest economies—the People’s Republic of China (PRC) and the United States—has given rise to an ever-greater number of civil and commercial disputes. For decades, the common assumption among American lawyers was that enforcing a U.S. court judgment … Continued
Published on: August 8 2023
Contributed by: Matthew T. Carpenter, Anna Dimitrijević and Alec G. Miller, Co-Editors, XBMA Review
Executive Summary/Highlights Global dealmaking is showing signs of recovery: although M&A volume in H1 2023 was lower than H1 2022, deal volume in Q2 2023 was the second highest of the last four quarters. Global M&A volume was US$753 billion in Q2 2023, a 31% increase from Q1 2023, but a 33% decrease from Q2 … Continued
*Originally distributed on June 29, 2023. In a notice of proposed rulemaking published this week, the Federal Trade Commission unveiled significant changes to the reporting obligations under the Hart-Scott-Rodino Act. If adopted as final rules, those changes will materially increase filing burdens and hinder parties’ ability to file and close quickly, even in non-problematic transactions. … Continued
Published on: May 31 2023
Contributed by: Matthew T. Carpenter, Anna Dimitrijević and Alec G. Miller, Co-Editors, XBMA Review
Executive Summary/Highlights On the heels of a slow-down in the second half of 2022, global dealmaking levels decreased in Q1 2023 compared to both Q4 2022 and Q1 2022 and ended with the lowest quarterly volume in recent memory. Yet, there are signs that the first quarter may represent an inflection point, as the first … Continued
Published on: January 30 2023
Contributed by: Matthew T. Carpenter, Anna Dimitrijević and Alec G. Miller, Co-Editors, XBMA Review
Following record-breaking M&A activity in 2021, M&A volume over the 12 months ending December 31, 2022 reverted toward the mean, with a significant slowdown in the second half of the year. Global M&A volume in 2022 was US$3.6 trillion, down from US$6.2 trillion in 2021 and closer to the annual average of US$4.3 trillion over the prior 10-year period.
Published on: November 7 2022
Contributed by: Matthew T. Carpenter, Anna Dimitrijević and Alec G. Miller, Co-Editors, XBMA Review
Executive Summary/Highlights Global dealmaking slowed significantly in Q3 2022, reflecting current macro-economic and geopolitical uncertainties and challenges. Nevertheless, many deals got done and many of the traditional drivers of M&A point to meaningful deal flow in Q4 and beyond. Global M&A volume was US$692 billion in Q3 2022, a 37% decrease from Q2 2022 and … Continued
Published on: August 2 2022
Contributed by: Matthew T. Carpenter, Anna Dimitrijević and Alec G. Miller, Co-Editors, XBMA Review
Executive Summary/Highlights Global dealmaking was up in Q2 2022 as compared to Q1 2022, and year-to-date is on pace with pre-pandemic deal volume (although below last year’s record-breaking levels). Global M&A volume was US$1.14 trillion in Q2 2022, an 11% increase from Q1 2022, but a 26% decrease from Q2 2021. Several mega deals were … Continued
Published on: July 8 2022
Contributed by: Martin Lipton, Founding Partner, Wachtell, Lipton, Rosen & Katz (New York)
We recently wrote about the emergence of a new breed of business organizations — decentralized autonomous organizations (DAOs) — to contend that the governance design for these blockchain-based organizations should heed some of the hard-fought lessons that have helped to form the pillars of modern corporate governance. It is also important to confront certain features … Continued
Published on: April 29 2022
Contributed by: Matthew T. Carpenter, Anna Dimitrijević and Alec G. Miller, Co-Editors, XBMA Review
Executive Summary/Highlights After a record-breaking 2021 in which global M&A volume surged to a new peak, global dealmaking slowed in the first quarter of 2022. Global M&A volume was approximately US$1.0 trillion in Q1 2022, less than any of the prior six quarters. Despite a decline in M&A activity relative to the record-breaking volumes of … Continued
Published on: March 29 2022
Contributed by: Vincent Mercier, Partner, Davies Ward Phillips & Vineberg (Toronto)
The past year generated substantial interest in the operation of the Investment Canada Act (ICA), especially the national security review process, against the backdrop of changes in government policy that purport to articulate a more expansive view of Canada’s national security interests. We expect foreign investment review to remain an issue of public and political concern in … Continued