This report collects observations from across our transactional practices. It describes what our lawyers are seeing in their own matters, not market data, and it is intended as a starting point for planning conversations.
Longer paths to signing
Buyers are spending more time on diligence of data practices, supply chains and regulatory exposure before they commit, and sellers who prepare that material early are shortening the process.
Regulatory timelines drive deal terms
Outside dates, reverse termination fees and remedy commitments are increasingly negotiated around an explicit antitrust strategy agreed at the term-sheet stage.
Financing flexibility
Sponsors are combining bank and private credit and building in portability and refinancing options, which puts more weight on the drafting of financing covenants.
- Prepare regulatory analysis before the first bid
- Test earn-out and deferred-consideration drafting against realistic disputes
- Align financing terms with the likely regulatory timetable
This publication is general information, not legal advice. It may not reflect later developments. Contact a lawyer about your circumstances.