Luke Sobota and Zach Mollengarden recently contributed their expertise to Berkeley Research Group’s A Global Perspective: M&A Deals and Disputes Heading into 2022.
The report explores the changing nature of disputes involving mergers and acquisitions, such as the rising deal volumes, new deal structures, new investment vehicles, advances in technology, and rapidly changing economic conditions, and what this means for the next year.
Luke commented on whether Special Purpose Acquisition Company (SPACs) actually lead to a higher return on investment, stating “SPACs compete with private equity and other corporations for assets. The vehicle itself does not ensure a return on investment, so SPACs seem likely to disappoint at least some investors”. He considered whether such disappointment could contribute to disputes with investors feeling that they were not properly protected, noting “this may change, but at present, there is often no detailed investment strategy and little clarity around the fiduciary responsibilities of the sponsors”.
To read the publication, please click here.
ABOUT LUKE SOBOTA
Luke is a founding partner of Three Crowns and represents private and sovereign clients in some of their most significant commercial, investor-State, and inter-State arbitrations. His practice spans the technology, energy, and financial sectors and includes successfully prosecuting one of the largest ICC cases in history.
Luke is a Lecturer on Law at Harvard Law School, and regularly writes and speaks about issues of international law and arbitration. His publications include the second edition of Judge Stephen M. Schwebel’s International Arbitration: Three Salient Principles (Cambridge 2020) and General Principles of Law and International Due Process (Oxford 2017).
ABOUT ZACH MOLLENGARDEN
Zach is an associate in the Washington, DC office. His experience includes advising clients in investment treaty and commercial arbitrations relating to financial services, sovereign debt, M&A, technology, and construction disputes. He has acted in arbitrations under the ICC, AAA, ICDR, UNCITRAL, and ICSID Rules.
Zach holds a J.D. from Yale Law School, where he served as an articles editor for the Yale Law Journal and submissions editor for the Yale Journal of International Law.« Back