United States: M&A/Private Equity

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Article
BDC Facts & Stats 2026
Business development companies (BDCs) have become a critical financing source for private equity-backed small- and middle-market companies while offering investors attractive private credit exposure. As the BDC market matures, sponsors and investors are increasingly exploring alternative structures, joint ventures with institutional investors, and evolving co-investment arrangements. The regulatory landscape continues to shift with proposed SEC rulemakings that could expand retail access to private markets
United States Finance
MB
Mayer Brown
Article
PE Investment In Law Firms: 6 Considerations As MSO Market Enters Next Phase
Private equity investment in law firms through management services organizations is attracting regulatory scrutiny as legislators establish boundaries around outside capital. Sponsors must navigate professional conduct rules, economic structures, and governance frameworks that differ fundamentally from traditional PE investments while building platforms designed for growth and eventual exit.
United States Commercial
SR
McDermott Will & Schulte
Article
Federal Trade Commission's Expanded Remedy Framework For A Micromarket Kiosks Merger And What It Signals For Future Deals
The Federal Trade Commission's settlement of a merger between two leading micromarket kiosk providers combines structural divestitures with extensive software interoperability requirements, offering insights into how the agency evaluates deals and deploys behavioral remedies in highly concentrated markets. The order reveals enforcement priorities under the second Trump administration and provides a potential template for addressing vertical foreclosure concerns in technology-adjacent transactions.
United States Anti-trust
WR
Wiley Rein
Article
Delaware Earnout Decisions And Lessons For Founders And M&A Professionals
Two recent Delaware Court of Chancery decisions illustrate why the answer belongs in the acquisition agreement. In re Saama Technologies Litigation, decided September 28, 2026, and ACON Igloo Holdings, LLC v. Dometic Corporation, decided September 30, 2026, address disputes over efforts to achieve an earnout and the buyer’s response. For deal participants, the practical lesson is to negotiate the operating rules and calculation process with the same care as the headline payout.
United States Commercial
GU
Gesmer Updegrove LLP
Article
Promissory Fraud, “Puffery” And Earn-Outs: Delaware Court Of Chancery Provides More Guidance In Shareholder Representative Services LLC v. Sphera Solutions, Inc.
The Delaware Court of Chancery's decision in Shareholder Representative Services LLC v. Sphera Solutions, Inc. reinforces critical lessons for M&A practitioners about earn-out disputes and fraud claims. This case examines when pre-closing statements about post-closing integration and marketing efforts cross the line from permissible puffery to actionable fraud, while also clarifying the requirements for fee-shifting provisions in indemnification clauses.
United States Commercial
AP
Arnold & Porter
Article
Selling A Stake Or Control: Some Things We Wish Clients Knew Earlier
Alternative investment management firms often overlook critical preparation steps that could streamline the sale process and optimize tax outcomes. This analysis examines essential due diligence areas—from financial record-keeping to compliance infrastructure—and explores strategic equity planning approaches that can significantly reduce tax burdens while incentivizing key employees during a transaction.
United States Commercial
SR
McDermott Will & Schulte
Article
STADA And SBP Group Launch Biosimilars Partnership
STADA and Sino Biopharmaceutical Limited have formed a strategic partnership to develop and commercialize biosimilar medications across Europe and neighboring regions. The collaboration focuses on bringing biosimilar alternatives to market, beginning with a pembrolizumab biosimilar targeting multiple cancer indications, with plans to expand into additional oncology and immunology treatments.
United States Healthcare
GP
Goodwin Procter LLP
Article
Where Private Equity Is Finding Value In MedTech
Private equity investment in MedTech is surging through carve-outs and take-private deals, with average transaction values more than doubling as investors target innovative businesses with strong growth prospects. However, navigating FDA regulatory shifts, AI device oversight, and evolving healthcare delivery models requires disciplined diligence to separate genuine opportunities from hidden operational and compliance risks.
United States Finance
SR
McDermott Will & Schulte
Article
Booking Holdings v. Commission: General Court Clears The Way For Reverse Leveraging
The General Court of the European Union has upheld the European Commission's prohibition of Booking Holdings' acquisition of eTraveli Group, endorsing for the first time a 'reverse leveraging' theory of harm in conglomerate mergers. This landmark judgment establishes that dominant companies can be blocked from acquiring complementary businesses even when the target operates in a market where the acquirer lacks dominance, fundamentally reshaping merger control enforcement in digital and ecosystem-driven mark
United States Anti-trust
BB
Baker Botts LLP
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