OPPORTUNA LEGAL STRATEGIC THINKING
News and Insights

Analysis on commercial, regulatory, and capital markets developments.

Current thinking on the developments shaping private company decision-making in Australia and across the United States cross-border corridor.

Filter All Capital Markets Mergers and Acquisitions Governance Commercial Contracts US Cross-Border Trusts and Succession

All articles

Corporate

Takeovers Panel costs orders: Rarity, principles, and Emu NL 03

The circumstances in which the Takeovers Panel orders costs, what the Emu NL decision signals for future applicants, and the principles driving the outcome.

Life Sciences

Australia's R&D Tax Incentive: A general overview for clinical trials

How the refundable and non-refundable components of the research and development tax incentive apply to clinical-stage life sciences companies.

Capital Markets

Private equity versus strategic buyer: Which exit path delivers better value?

How boards should compare the two most common exit structures on value, speed, and post-exit involvement.

Governance

Shareholder agreements for capital markets-ready companies

The specific provisions a shareholder agreement needs if a company is considering a public listing within three years.

Trusts

Family trust structures for business owners

Common structuring issues for family trusts holding operating businesses, and when restructure is warranted.

US Cross-Border

US-Australia cross-border M&A: Navigating FIRB and CFIUS

What United States defence and life sciences acquirers need to understand about Foreign Investment Review Board approvals.

Governance

Private company board composition: When to add external directors

The commercial triggers that should prompt a private company board to appoint an independent director.

Capital Markets

Convertible notes versus SAFEs versus priced equity

Choosing the right early-stage capital structure in the Australian market.

M&A

W&I insurance in Australian M&A: When it makes sense

The transactions in which warranty and indemnity insurance is worth the premium, and where it is not.