The 18th Annual Southeastern M&A/Private Equity Forum

In 2021, deal activity continued to surge for a second year in a row.  According to PwC, strong interest in technology, digital, and data-driven assets drove much of the rally, while sectors such as retail and telecoms saw lower transactional value.  With expectations for another dynamic year somewhat muted by a potential tide of rising taxes and inflation, what do dealmakers expect to fuel, or cool, M&A activity in the months ahead? Join our expert faculty as they address future M&A trends for the middle market while taking a retrospective view of the year in review.

Moderator:
Steven E. Brady, Partner, Withum 

Panelists:
Andrea Farley, Partner, Troutman Pepper Hamilton Sanders LLP
Michael E. Hollingsworth II, Partner, Nelson Mullins Riley & Scarborough LLP  
Emily Maier, Senior Vice President, National Group Leader – M&A Insurance, Woodruff Sawyer
Anirban Sen, Editor-in-Charge, U.S. M&A, Thomson Reuters

According to Refinitiv, by most accounts, 2021 was a strong year for private equity, thanks mainly to significant dry powder accrued early in the pandemic and attractive interest rates and opportunities in lucrative markets. Many expect private equity to remain aggressive in 2022, but high valuations and macro factors such as inflation, talent shortages, and supply chain stress bear watching. This roundtable solicits guidance from prominent PE firms on the overall appetite and risk environment for the middle market. Will transaction volumes wax or wane amid a dynamic business landscape?

Moderator:
John Hyman, Partner, King & Spalding LLP

Speakers:
Jeremy Ellis, Managing Director, Genesis Capital
Mark Jones, Partner, River Associates
Steve B. Tye, Managing Director, Croft & Bender LP
Ben Wallace, Partner, Azalea Capital

Few market development are as potentially transformative as the wave of crypto- and blockchain-related deals on the horizon.  Reaching new heights, activity in this arena surpassed $2.4 trillion in aggregate market value last year, with palpable momentum ahead. Despite growing calls for regulatory oversight and greater transparency, deals in this space continue to arise amid a potentially prickly patch of challenging legal considerations. This session explores some of the complexities of current and anticipated regulatory action within this dynamic space.

Moderator:
Austin B. Mills, Partner, Morris, Manning, & Martin, LLP

Panelists:
Keith J. Barnett, Partner, Troutman Pepper Hamilton Sanders LLP
Elliott Chun, Partner, Architect Partners LLC
Daniel R. Kahan, Partner, King & Spalding LLP

According to the Harvard Business Review, buyout performance has been on a steady decline for the past thirty years, thanks to a well-worn playbook of traditional and increasingly atavistic operational tools that contribute to diminishing returns. Imitation, so the adage goes, is the sincerest form of flattery. But in a highly competitive deals market and evolving risk climate, creativity and originality are essential for driving success. This conversation asks whether or not dealmakers should be looking at alternative growth creation opportunities like the creation of business ecosystems that link distinct services and products together, greater focus on responsible investment (ESG) to create new value, or additional opportunities to exploit competition though auctions?  Our faculty explore thought leading ideas in value creation in a hot, but crowded deals market.

Moderator:
William J. Ching, Partner, Nelson Mullins Riley & Scarborough LLP

Panelists:
L. Scott Askins, General Counsel, Kabbage, an American Express company
Robin Bienfait, Founder, Atlanta Tech Park; CEO, Emmovate
Michael Lonergan, Managing Partner, Georgia Oak Partners
John UyHam, Senior Legal Counsel – Head of Mergers & Acquisitions and Strategic Transactions, The Coca-Cola Company

Working within an aggressive market rife with new regulations, dealmakers must be attentive to both current and forthcoming risks at each step of the (protracted) deal process. As a risk mitigation solution, Representations and Warranties Insurance (RWI) has grown increasingly popular among dealmakers, prompting insurance underwriters to be far more selective of which deals they ultimately insure. For buyers and sellers, it is important to understand how coverage on tax liabilities, IP infringements, environmental hazards, and regulatory risks has changed over the past year as well as where contingent liability insurance may grow in this space. Join us as our veteran panel reviews ongoing changes and emerging trends, heading into 2023.

Moderator:
Matthew Grosack, Partner, Holland & Knight LLP

Panelists:
Andrew Belisle, Senior Vice President and Transactional Risk Specialist, McGriff     Insurance Services, Inc.
Andrew Hirsch, Director, Wilson Towers Watson
Marc Sherman, Managing Director, Alvarez & Marsal 
Michael Wakefield, Executive Vice President and Transactional Liability Practice Leader, CAC Specialty

We invite you to join us on the rooftop patio at the offices of Nelson Mullins for drinks and canapes.