The New Cross-Border Deals Landscape: Regulatory & Market Challenges
A Briefing for In-House Counsel in Europe
The New Cross-Border Deals Landscape: Regulatory & Market Challenges
The European M&A market continues to rapidly change, with new regulatory developments and market realities significantly impacting these deal processes. Corporations and their general counsel must keep up with these changes to ensure business success while aligning legal and economic challenges.
Bloomberg Law and World Services Group present this 2-hour briefing on legal developments affecting transactions today, including the changing European markets, evolving antitrust challenges, financing opportunities for deals, and the management of data protection regulations and their impact.
General counsel have the strategic responsibility to guide their companies through both the buy and sell sides of cross-border deals. Bloomberg Law’s analysis of market, regulatory, and legal shifts helps general counsel anticipate risk and prepare their teams to make the best decisions.
3:00pm Opening Remarks
3:05pm Keynote Session: The Changing European M&A Market: Current Trends
This interview with a European M&A industry leader will discuss the current cross-border deals landscape in Europe, including fluctuating deal volumes, and trends impacting cross-border transactions.
- James Del Favero, Former Head of Cross-Border M&A, Goldman Sachs; Co-Founder, Ardea Partners
- Interviewed by: Ed Hammond, Mergers & Acquisitions Reporter
3:35pm Stricter Scrutiny: Top Regulatory and Enforcement Risks
The changing European cross-border deals regulatory and enforcement environment has created new challenges for companies, including increased antitrust scrutiny of transactions surrounding the technology sector, a new framework to review foreign investments into the EU, and the emergence of conflicting data protection laws in different jurisdictions. This session will discuss the regulations and increased enforcement actions that create greater risk for businesses and strategies to ensure they remain compliant while successfully executing on deals.
- Alessandro Galtieri, Deputy General Counsel and Group Data Protection Officer, Colt
- Lisa Maxwell, Head of Legal (EMEA and APAC), Informa
- Sean Thomas, Group General Counsel, AlphaSights
- Bridget Treacy, Partner, Hunton Andrews Kurth
- Moderated by: Bhavisha Mistry, General Counsel, Mawdsleys
4:15pm Capital Changes: Deal Finance Developments
The traditional approach to financing deals in Europe has evolved as new banking regulations have opened up the possibility of non-bank participants to provide capital. This session will outline the new banking regulations impacting deal finance, and strategies for corporations to implement an effective venture capital strategy that allows them to properly target acquisitions that align with their business strategy.
- Victoria Matthews, Senior Legal Counsel, Zopa
- Tom Parachini, Global Head of Legal & Regulatory, Funding Circle UK
- Tommy Seddon, Principal, Riverside Company
- Moderated by: Barbara Casu Lukac, Director of the Centre for Banking Research, Cass Business School
5:00pm Closing Remarks and Cocktail Reception
James Del Favero, Co-Founder, Ardea Partners
James Del Favero is a co-founder of Ardea Partners LLC, a M&A Advisory boutique. He worked at Goldman, Sachs & Co. from 1989 to 2016, where he was Chairman of the Fairness Committee and Head of Cross-Border M&A. He worked in the London, Paris and Sydney offices before moving to New York in 1998. Before Goldman Sachs he worked at the Boston Consulting Group, the First Boston Corporation and Schlumberger Wireline Services. He serves on the board of the Council for the United States and Italy and as Treasurer of the Urban Arts Partnership. James is a graduate of Oxford University (BA with first class honours), received a MS in Nuclear Engineering from MIT and an MBA from INSEAD, with distinction. He is fluent in Italian, Spanish and French. He is an Australian citizen.
During his 27 years at Goldman Sachs he has advised clients all over the world on Mergers and Acquisitions, which he continues to do at Ardea Partners.
Alessandro Galtieri, Deputy General Counsel and Group Data Protection Officer, Colt
Alessandro is Deputy General Counsel and Group Data Protection Officer at Colt, a Fidelity-owned network and data centre services company active in more than 30 countries globally. He is an English and Irish Solicitor, an Italian Avvocato, an Associate at The Governance Institute, and a Certified Information Privacy Professional (CIPP/E).
Alessandro has extensive experience in the high-tech space, having held roles at Hexagon (the world leader in design, measurement and visualisation technologies), the European Space Agency, and Interoute Communications, now GTT. He started his career in private practice at Studio Legale Tonucci, then the Italian alliance partner of Mayer Brown. He attended Rome University “La Sapienza” and the University of Law. He is also an alumnus of the Academy of International Law in The Hague, and of the British Council’s European Young Lawyers Scheme.
Since 2012, he serves on the Technology and Law Committee of the Law Society, which provides guidance on the impact of new technologies on the legal profession. Since 2014, he has been UK Country Representative for the Chapter of the Association of Corporate Counsel, the world’s largest association of in-house lawyers. In 2015 he was awarded Country Representative of the Year.
Alessandro sits on ACC Europe Legal Operations Advisory Board and is a UK Council Member for CLOC, the Corporate Legal Operations Consortium. In 2019 Alessandro was recognised by Legal500 as Data Protection Individual of the Year.
Ed Hammond, Senior Reporter – Mergers and Acquisitions, Bloomberg
Ed Hammond is Bloomberg’s senior mergers and acquisitions reporter. He is responsible for breaking some of the largest deals in history, including Broadcom’s $120 takeover pursuit of Qualcomm and AT&T’s proposed merger with Time Warner Inc. He works in print for Bloomberg’s Terminal and Bloomberg.com and also co-hosts The Deal Report on Bloomberg TV at 3pm each weekday.
Prior to joining Bloomberg, Ed spent 8 years at the Financial Times in London and New York. He is the winner of numerous journalism awards, including from the Foreign Press Association and the Editor & Publisher.
Barbara Casu Lukac, Director of the Centre for Banking Research, Cass Business School
Professor Barbara Casu is the Director of the Centre for Banking Research at Cass Business School, where she is Professor of Banking and Finance. She is also the Director of the Cass Executive PhD Programme. Her main research interests are in empirical banking, financial regulation, structured finance, accounting and corporate governance. Barbara has published widely, with over 40 publications in peer reviewed Journals. She has also written the popular textbook “Introduction to Banking” (Pearson FT), which is widely adopted for banking courses across the world. She has recently co-edited the Palgrave Handbook of European Banking. Outside academia, Professor Casu has been a consultant/visiting researcher at several organizations, including the International Monetary Fund (IMF); the European Commission (EC); Centre for European Policy Studies (CEPS); the Building Societies Association (BSA). She is an advisory board member for the International Research Centre on Cooperative Finance hosted by HEC Montreal.
Victoria Matthews, Senior Legal Counsel, Zopa
Victoria is Senior Counsel at Zopa with a focus on corporate transactional matters including retail and institutional lending through Zopa’s lending platform and equity fundraising for the group. Victoria joined Zopa from Barclays Bank where she advised on M&A and strategic technology investment. Prior to Barclays, Victoria was an associate in the Corporate team of Mayer Brown International LLP specializing in private equity, venture capital and private M&A.
Lisa Maxwell, Head of Legal (EMEA and APAC), Informa
Lisa Maxwell is currently Head of Legal (EMEA and APAC) at Informa PLC where she is primarily focussed on commercial, regulatory and M&A matters. Informa PLC is an information services, exhibitions, events and publishing group within the FTSE 50. Her career began at Slaughter and May where she trained and qualified, specialising in corporate law and completing transactions such as the Cadbury Schweppes listing and demerger, and the restructuring and sale of Northern Rock. Prior to her role at Informa PLC, Lisa was Assistant Counsel at C&C Group plc, a listed drinks company. During her time at Informa PLC the legal team won the In House Legal Team of the Year (TMT) in 2017 at the British Legal Awards and she was nominated as a ‘Rising Star’ at the Annual General Counsel Summit (TLBDC) in 2018. Lisa holds a BA and MA in Modern History from Lincoln College, Oxford University.
Bhavisha Mistry, General Counsel, Mawdsleys
Bhavisha Mistry is an experienced General Counsel, having worked a number of years in private practice, she moved in-house as General Counsel and Company Secretary for fashion brand Missguided before going on to become General Counsel for Mawdsleys, a pharmaceutical services company. Her experience spans a breadth of practice areas with a strong focus on helping business growth. Bhavisha also chairs The Law Society of England and Wales’ In-house Division Committee, playing a pivotal role in supporting in-house lawyers across England and Wales and regularly writes articles for the legal profession and featured in an article in The Times newspaper in 2018.
Tom Parachini, Global Head of Legal & Regulatory, Funding Circle UK
As Global Head of Legal & Regulatory, Tom is responsible for managing Funding Circle’s global legal team and supports the capital markets and institutional lending arrangements globally. Funding Circle is a global SME loans platform in the UK, US, Germany and the Netherlands. To date, investors – including 90,000 retail investors, banks, asset management companies, insurance companies, government-backed entities and funds – have lent £7.5 billion to 72,000 businesses globally. Prior to Funding Circle, Tom was a partner in the London office of Dentons where he advised on domestic and cross border finance and capital markets transactions.
Tommy Seddon, Principal, Riverside Company
Tommy joined Riverside in 2013 and leads Riverside’s deal origination efforts in the UK & Ireland. In addition to this role, Tommy sits on the board of two of Riverside’s portfolio companies: Brookson and OrthoD. Tommy joined Riverside from DC Advisory (formerly Close Brothers Corporate Finance), where he worked on a range of M&A, fund-raising, debt advisory, and financial restructuring mandates.
Sean Thomas, Group General Counsel, AlphaSights
Sean Thomas is the Group General Counsel at AlphaSights. Sean is responsible for the Legal and Compliance function across AlphaSights’ 9 offices and leads a global team of legal and compliance professionals. Prior to joining AlphaSights, Sean spent close to 6 years at Hewlett Packard Enterprise in a number of legal roles including having responsibility for supporting HPE’s UK&I 2.5B business. Sean trained and qualified as an associate into the corporate legal department of Norton Rose Fulbright LLP, spending nearly 6 years at the firms London, Paris and Hong Kong offices.
Bridget Treacy, Partner, Hunton Andrews Kurth
Bridget Treacy is a partner in Hunton Andrews Kurth’s London office and leads the firm’s UK Privacy and Cybersecurity practice. For the past 18 years her practice has focused on all aspects of data protection and information governance for multinational companies across a broad range of industry sectors. Her experience includes advisory work on big data and AI, behavioural targeting, cross border data transfers (including BCRs), cyber security and data breach incident response, and the data issues that increasingly arise in corporate transactions. She has extensive knowledge of the European Data Protection Regulation.
Bridget is recognised as a thought leader on privacy and cyber security issues, and is named a “Leading Individual” by legal directory, Chambers and Partners. She has contributed to a number of published texts on data protection, and is editor of the specialist journal ‘Privacy and Data Protection’.