Deal Diary

We have released our 2023 ESG Survey which includes a collection of reports reflecting on significant ESG themes and trends from 2022, as well as what we believe to be key developments for 2023.

The world has changed a lot since our 2020 report. A global pandemic; a reckoning on race, inequality and social justice; a climate crisis; an economic shock; and increased political polarization have created challenging dynamics for companies and boards globally. The role of the board in managing risk and charting the course ahead is more critical today than ever before. This report delves into these wide-ranging and interlocking issues and offers insight on how directors and management must proactively embrace their stewardship roles in this brave new world.

In light of the health and safety concerns related to coronavirus disease 2019 (COVID-19), the U.S. Securities and Exchange Commission (SEC) has recently issued guidance to assist public companies with upcoming annual shareholder meetings.

This week we highlight a post by the Harvard Law School Forum on Corporate Governance and Financial Regulation which examines the effect the seminal case of Revlon v. MacAndrews & Forbes Holdings has on the takeover process. The dataset contains details of the private merger negotiation process before public deal announcements, including the number of bidding rounds, timing of bids, bid premiums, and indicators for single versus multiple bidding parties.

Akin Gump has published an exclusive white paper, “Unpacking the Dynamics of the Private Debt Market,” which looks at trends in private debt fundraising and deal activity.

Akin Gump corporate partner Thomas Yang spoke with The Deal for a video interview on the state of the private equity market.

Sexual Harassment Risk Assessment and Allocation in M&A

In 2018, victims and their supporters decried sexual harassment in the workplace.  They argued for the right, the freedom, the luxury to work without fear of gender-based harassment or discrimination.  Prominent and powerful people, too many to count or to name, were credibly accused of sexual harassment.  People took heed and a movement began. 

Akin Gump corporate partner Lisa Peterson has been published by peHUB. In her article titled “Co-Investments: protecting your investment,” she provides an overview of the two typical basic co-investment structures and their terms and considerations.

Click here to read the full article.