Michael Diamant, George Hazel and Kristen Limarzi are the authors of “How to Avoid and Resolve Pitfalls During a Monitorship’s Life Cycle” [PDF] published by the Global Investigations Review on May 9, 2023.
Jane Love and Robert Trenchard are the authors of “Double-Patenting Ruling Shows Terminal Disclaimers’ Value” [PDF] published by Law360 on May 8, 2024.
Sébastien Evrard, Connell O’Neill, Nick Hay and Katie Cheung are the authors of “Why competition law and data privacy are coming to a crossroads in the Asia-Pacific Region” [PDF].
This article was first published by Global Competition Review in April 2024; for further in-depth analysis, please visit the GCR Asia-Pacific Antitrust Review.
Seth Rokosky is the co-author of “Recent Commercial Cases of Interest in the New York Court of Appeals” [PDF] published by the New York State Bar Association’s Commercial and Federal Litigation Section Newsletter in its April 2024 issue.
Singapore partner Paul Tan, Hong Kong of counsel Alex Wong and Singapore associates Jonathan Lai and Viraen Vaswani are the authors of “Top 10 Issues in Arbitration Clauses in Singapore and Hong Kong” [PDF] published by Dispute Resolution Journal in its May-June 2024 issue.
Brussels managing director Nicholas Banasevic, London partner Robert Spano and Palo Alto partner Vivek Mohan are the authors of “What does the EU Digital Markets Act mean for the tech sector?” [PDF] published by the Daily Journal on April 17, 2024.
A recent global survey of dealmakers by BCG and Gibson Dunn reveals a striking consensus: conducting environmental, social, and governance (ESG) due diligence is now indispensable for M&A transactions.
Dealmakers say that the insights gained from these assessments are crucial not only for mitigating risks but also for preserving and enhancing deal value. Although Europe has spearheaded more stringent ESG regulations, dealmakers in all surveyed countries, including those in the US, recognize the importance of performing such assessments before closing a deal.
“The Payoffs and Pitfalls of ESG Due Diligence” report was authored by Jens Kengelbach, Jana Herfurth, Dominik Degen, Dirk Oberbracht, Ferdinand Fromholzer, and Jan Schubert. Download the report here.
About the Survey
To understand the prevailing ESG due diligence practices in M&A transactions, BCG and Gibson Dunn surveyed 115 dealmakers in Europe, North and South America (including in the US), and Asia. The dealmakers are in various industries and participate in different deal sizes. (See the exhibit below.) The survey participants, who hold positions ranging from managers to roles in the C-suite, have been personally involved in deals during the past three years and are familiar with ESG due diligence practices. Approximately two-thirds of the respondents are corporate executives, while the others are from private equity or venture capital firms or financial institutions.
Website © 2024 Gibson, Dunn & Crutcher LLP. All rights reserved. The report linked above is © 2024 Boston Consulting Group with details included in the report.
Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials. The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel. Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.
Los Angeles partner James Zelenay and Denver associate José Madrid are the authors of “Supreme Court decisions and cyber-fraud focus drive record-setting FCA enforcement in 2023” [PDF] published by the Daily Journal on April 8, 2023.
Paris partner Ahmed Baladi and associate Thomas Baculard are the authors of “Artificial intelligence and the GDPR” [PDF] published by Financier Worldwide in its April 2024 issue.
Los Angeles partner Daniel Swanson and San Francisco of counsel Eli Lazarus are the authors of “Antitrust Ruling Shows Limits Of US Law’s Global Reach” [PDF] published by Law360 on March 28, 2024.
Orange County partner Blaine Evanson and associate Min soo Kim are the authors of “The Two-Prong Test to Distinguish Official Versus Private Speech in the Social Media Context” [PDF] published by the Daily Journal on March 26, 2024.
New York partner Karin Portlock and associate Brian Yeh are the authors of “Precedent-Setting Decisions Show the Promise of New York’s Domestic Violence Survivors Justice Act” [PDF] published by the New York Law Journal on March 11, 2024.
San Francisco partner Ryan Murr, Washington, D.C. partner Stephen Glover and San Francisco partner Branden Berns are the authors of “Behind The ‘CVR Spin’ Method Of Unlocking Assets In M&A” [PDF] published by Law360 on March 11, 2024.
Los Angeles partner Kevin Rosen and San Francisco partner Matthew Kahn are the authors of “How Lawyers Can Protect Themselves From Claims Arising Out of Their Clients’ Knowing Decisions” [PDF] published by the Daily Journal on March 6, 2024.
San Francisco partner Winston Chan and associate Nicole Waddick are the authors of “BYOD: Internal Investigations and Employee Personal Devices” [PDF] published by the Daily Journal on March 7, 2024.
Ryan Murr, Stephen Glover and Branden Berns are the authors of “OpEd: How to Get Value for Non-Core Assets With CVR Spinoffs” published by The Deal on March 7, 2024.
San Francisco of counsel Todd Trattner and partner Ryan Murr are the authors of “How Biotech Cos. Can Utilize Synthetic Royalty Financing” [PDF] published by Law360 on February 1, 2024.
Brussels Managing Director Nicholas Banasevic, London and Paris partner Robert Spano, and Brussels associate Ciara O’Gara are the authors of “Cos. Should Plan Now For Extensive EU Data Act Obligations” [PDF] published by Law360 on February 1, 2024.
Brussels associate Jan Przerwa contributed to this article.
Los Angeles partner Bradley Hamburger, San Francisco associate Ryan Azad and Los Angeles associate Matt Aidan Getz are the authors of “Calif. High Court Ruling Outlines Limits On PAGA Actions” published by Law360 on January 23, 2024.
Los Angeles partner Michael Holecek contributed to the article.
Washington, D.C. partner F. Joseph Warin, San Francisco partner Winston Chan, Los Angeles associate Chris Jones and San Francisco associate Duncan Taylor are the authors of “Self-Reporting to the Authorities and Other Disclosure Obligations: The US Perspective” [PDF], Chapter 4 in The Practitioner’s Guide to Global Investigations 2024, Volume I: Global Investigations in the United Kingdom and the United States, Eighth Edition, published by Global Investigations Review in January 2024.