United Kingdom: M&A/Private Equity

The EU General Court's decision in Crocs Inc v EUIPO reveals how even globally iconic product designs can be invalidated for lack of individual character, demonstrating that commercial success alone cannot protect intellectual property rights. This case highlights the critical need for product-as-brand businesses to implement staged IP strategies that evolve from design rights at launch to trade mark protection as brand recognition develops.

Transition service agreements (TSAs) are a core component of carve-outs. These agreements define and govern the services between sellers and buyers that enable operational separation by deal close.

Invest Europe has introduced new model Limited Partnership Agreement language that fundamentally shifts how private capital approaches defence investments in Europe. The proposal establishes that defence and dual-use activities should be permitted unless prohibited under international law, rather than restricted by default. This change reflects evolving geopolitical realities and NATO's commitment to invest 5% of GDP in defence by 2035, creating significant opportunities for private equity, venture capital,

The UK Takeover Panel has issued a consultation on proposed amendments to the Takeover Code covering voting agreements, share restriction arrangements, reverse takeovers, and PUSU deadline extensions. How will these changes affect concert party presumptions and the scope of reverse takeover provisions?

However, Hoffman v Finalto confirms that transaction documents, signing protocols, non-reliance wording and disclosure letters can, in the right context, support an argument that warranty statements also operated...

The High Court’s sanction of Waldorf Production UK Plc’s second restructuring plan, Re Waldorf Production UK Plc [2026] EWHC 1014 (Ch), is a useful decision for companies, creditors and restructuring professionals considering a restructuring plan under Part 26A of the Companies Act 2006.

The global private markets industry gathered in Berlin for SuperReturn International to discuss fundamental shifts in investment strategy, from onshoring and industrial resilience to the democratization of private markets and the emerging role of AI in portfolio management. Eight key insights emerged from the conference, revealing how capital is reorganizing around new priorities including defense technology, energy independence, and the competitive advantage of proprietary data in an AI-driven landscape.

Net asset value (NAV) facilities have evolved from a niche financing product into core infrastructure supporting private markets, as managers increasingly use them to enhance liquidity, support portfolio management, and create flexibility within fund structures. As adoption accelerates and investor scrutiny intensifies, the focus is shifting from whether these facilities should be used to how they are governed, with growing emphasis on valuation discipline, transparency, and risk management frameworks. The

A Commercial Court ruling clarifies when equity term sheets create binding obligations and how warranties in corporate transactions may constitute actionable misrepresentations. The decision in Hoffman v Finalto Group Limited examines the enforceability of management equity arrangements and the legal treatment of disclosure statements in M&A contexts.