Secondary markets in private company shares have grown significantly as holding periods have extended and liquidity needs among founders, employees, and early investors have increased. This post examines the legal mechanics, transfer restrictions, tax treatment, and documentation requirements for secondary share sales in Continental European companies.
Open Source Licensing in Commercial Products: Managing GPL, MIT, and Apache Risks
Almost every commercial software product incorporates open source components, and the obligations those components carry vary significantly by licence type. This post examines the legal obligations and commercial risks of GPL, LGPL, MIT, and Apache licences, and what businesses must do to manage open source compliance effectively.
Data Center Investments in Europe: Energy Regulation, Grid Constraints, and Legal Considerations
AI infrastructure is driving unprecedented demand for European data center capacity. This post examines the energy regulatory constraints, grid connection challenges, permitting requirements, and legal structuring considerations that investors and developers in this sector must navigate.
Software Escrow Agreements: Protecting Enterprise Customers in Critical SaaS Relationships
Enterprise customers who depend on a vendor’s software for critical operations face significant continuity risk if the vendor fails or discontinues the product. Software escrow agreements mitigate this risk, but only if structured correctly. This post examines how escrow works, where it falls short, and what alternatives are emerging for SaaS environments.
Foreign Direct Investment Screening in Europe: Implications for International Investors
FDI screening in Europe has expanded dramatically since 2020, driven by geopolitical concerns about critical infrastructure and technology. This post examines the EU framework, national mechanisms, and what international investors must assess before completing a European acquisition or taking a significant stake.
Legal Structures for Renewable Energy Joint Ventures in Europe
The renewable energy transition in Europe is being executed through a wave of joint ventures combining developers, utilities, infrastructure funds, and industrial off-takers. This post examines how these structures are legally assembled, what governance and exit provisions matter most, and how regulatory frameworks shape the deal architecture.
Cross-Border M&A for SMEs in Europe: Key Legal Risks Buyers Often Overlook
Smaller cross-border acquisitions in Europe are executed with less process than large-cap deals but carry comparable legal complexity. This post examines the risks in labour law, IP ownership, real estate, tax, and regulatory filings that buyers of European SMEs most commonly underestimate.
Ownership of AI-Generated Intellectual Property in Europe: Current Legal Uncertainty
European IP law was designed for human creators. The proliferation of AI-generated text, images, code, and inventions has exposed foundational assumptions that the legal system has not yet resolved. This post maps the current state of uncertainty and what it means for businesses deploying generative AI.
Open Banking and PSD3: How Europe’s Payment Regulation Is Evolving
PSD2 created the legal basis for open banking but left significant gaps in standardisation and enforcement. PSD3 and the accompanying Payment Services Regulation aim to close those gaps, extend open banking to broader financial data, and create a more competitive payments market. This post examines what is changing and why it matters.
Sanctions Compliance in International Payments: Legal Challenges for European Financial Institutions
International payments compliance has become one of the most operationally demanding areas of financial regulation. This post examines how EU, US, and UN sanctions interact in cross-border payment flows, the legal exposure for European banks, and the compliance infrastructure the industry has built in response.