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Video

LathamTECH in Focus: Crafting a Winning Strategy Early

October 10, 2025
How can tech companies successfully structure a deal — and narrative — that addresses global antitrust and foreign direct investment concerns? 
In this episode of LathamTECH in Focus, Bay Area partner Kelly Fayne discusses the importance for companies to establish a pro-competitive deal narrative from the onset and offers insights on how early narratives create consistencies in antitrust filings across jurisdictions that mitigate regulatory risk.  

Endnotes

    View the Full Series

    Will Tokenized Equity Transform Capital Markets?

    In this episode of LathamTECH in Focus, Stephen Wink, Co-Chair of Latham’s Fintech and Digital Assets Industry Group, explains the changes tokenization can bring to the capital markets and the impacts ahead for equity holders.

    Move Fast, Stay Compliant

    In this episode of LathamTECH in Focus, Chris Frey, a White Collar Defense & Investigations partner, explores the special risks emerging tech companies face under recent administrations and how they can stay ahead in a rapidly shifting compliance environment.

    Crafting a Winning Strategy Early

    In this episode of LathamTECH in Focus, Bay Area partner Kelly Fayne discusses the importance for companies to establish a pro-competitive deal narrative from the onset, and offers insights on how early narratives create consistencies in antitrust filings across jurisdictions that mitigate regulatory risk.

    Exploring Growth Financing Options for Unicorns

    In this episode of LathamTECH in Focus, Haim Zaltzman, Global Vice Chair of Latham’s Emerging Companies & Growth Practice, explores the array of financing options for tech companies on the path to unicorn valuation and a successful exit.

    Are Tokenized Securities Different From Traditional Securities?

    In this episode of LathamTECH in Focus, Zach Fallon, a former Senior Special Counsel at the SEC, examines the intersection of tokenized securities with securities laws and the opportunities tokenization can unlock for investors.

    Navigating Global Antitrust Waters

    In this episode of LathamTECH in Focus, Bay Area partner Kelly Fayne examines how tech companies should prepare for the priorities of antitrust and foreign direct investment regulatory authorities worldwide, and how to structure transactions to account for possible extended clearance processes.

    Navigating National Security: The Impact of FDI Reviews on Tech M&A

    In this episode of LathamTECH in Focus, Silicon Valley partner Tessa Bernhardt examines the global scrutiny on tech M&A deals involving advanced technologies like AI, highlighting how the intersection of highly regulated industries and cross-border regulatory challenges are reshaping national security reviews.

    A Consumer Law Gamechanger

    In this edition of LathamTECH in Focus, Fiona Maclean, Global Vice Chair of the Technology Industry Group, discusses how the UK’s Digital Markets, Competition and Consumers Act will reshape the consumer law landscape — and how tech companies can prepare for changing regulations.

    Tech Deals: The Emerging Focus of FDI Regulators?

    In this episode of LathamTECH in Focus, Silicon Valley partner Tessa Bernhardt examines the global expansion of foreign direct investment statutes, discusses where she is seeing heightened regulatory activity and offers insights on how to effectively prepare for the conditions and timelines of cross-border M&A transactions.

    Liquidity With Secondary Sales

    In this edition of LathamTECH in Focus, Seth Gottlieb, Global Vice Chair of the Technology Industry Group, explains how private secondary transactions give stockholders an opportunity to liquidate shares and create potential tax implications.

    Sustainability and Governance Considerations in Proxy Season

    In this edition of LathamTECH in Focus, Betty Moy Huber, Global Co-Chair of the Environmental, Social & Governance Practice, explores how companies can plan for a shifting sustainability and governance environment while balancing long-term business interests against pressures from stakeholders, and get ahead of related AI trends.

    Trade Secrets — Goldmine or Landmine?

    In this edition of LathamTECH in Focus, Tony Sammi, Global Vice Chair of the Technology Industry Group, explores the hidden value — and risks — of trade secrets and the steps companies can take to protect their most important assets.

    Will Dual Class Shares Fade Away?

    In this edition of LathamTECH in Focus, Rick Kline, Global Chair of the Technology Industry Group, explains why dual class shares are here to stay and how the stock structure is evolving in the tech sector and beyond.

    Crypto’s Path to Engaging with the SEC

    In this edition of LathamTECH in Focus, Zach Fallon, a former Senior Special Counsel at the US Securities and Exchange Commission (SEC), explores the significance of the SEC’s new Crypto Task Force and how crypto companies can engage with the SEC.

    Why Issue Double-Trigger Restricted Stock Units (RSUs)?

    In this edition of LathamTECH in Focus, Silicon Valley partner Ashley Wagner explains why companies are issuing double-trigger restricted stock units and examines key concerns for employees holding these RSUs.

    The 3Cs of Responding to Ransomware Attacks

    In this episode of LathamTECH in Focus, partner Tony Kim discusses the steps companies should take if they receive a ransomware threat to protect their business and individual stakeholders.

    LathamTECH In Focus: How Should Crypto Companies Be Thinking About New Laws?

    Builders and investors in the crypto space are seeing a wave of regulatory change around the world that could impact their businesses. We help clients stay on top of proposed and enacted laws and regulations.

    Contacts

    Fayne, Kelly Smith

    Kelly Fayne

    San Francisco
    kelly.fayne@lw.com +1.415.646.7897