As 2025 began, the tech industry anticipated that regulators in the US, EU, and beyond may adopt a more business-friendly approach to antitrust, potentially easing the scrutiny on M&A activities. Opportunities certainly exist to get deals done, but antitrust remains a challenging and complex regulatory environment, for tech companies in particular. In this episode of The LathamTECH Podcast, Kelly Fayne and Tessa Bernhardt, partners in Latham’s Antitrust and M&A practices, discuss the current and expected antitrust regulatory landscape, and how tech companies are working ahead to smooth the paths for their transactions.

This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200

The global fintech industry finds itself experiencing a sea change. The US seems on the cusp of regulatory changes, as the Securities and Exchange Commission shifts its attitude toward digital assets under a new administration; across the pond, the EU recently introduced its new Markets in Crypto-Assets Regulation to streamline the adoption of blockchain technology. With different enforcement postures worldwide, many fintech companies remain in a holding pattern to see how these developments will shape the industry. In this episode of The LathamTECH Podcast, Stephen Wink and Stuart Davis, Co-Chairs of Latham’s Fintech Industry Group, discuss the shifting crypto regulatory landscape across the US and Europe, and how tech companies can adapt to these developments.

This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200

The trend of RSU (Restricted Stock Units) participation in secondary markets is transforming how private tech companies manage employee equity. As companies remain private for longer, the need for employee liquidity options grows, prompting a focus on double trigger RSUs and their tax implications. This shift challenges companies to balance talent retention with legal and financial considerations, offering a glimpse into the future of employee equity and corporate growth strategies. In this episode of The LathamTECH Podcast, Seth Gottlieb, Global Vice Chair of Latham’s Technology Industry Group, speaks to fellow partner Ashley Wagner to explore the evolving dynamics of tender offers and secondaries for tech companies. They also discuss the strategic implications of incorporating liquidity-contingent RSUs, and how these developments reshape employee equity and corporate strategies. 

This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200