The Evolving M&A Regulatory Landscape: Managing Risk in Consumer Products & Retail

Join Arnold & Porter's Consumer Products & Retail Industry Group for the next program in our Consumer Products & Retail Navigator webinar series, focused on the regulatory pressure points in M&A that can make or break a consumer product or retail deal.

M&A in this sector no longer turns on financial and commercial diligence alone. A patchwork of state regulations, antitrust risk in how documents are created, unresolved AI governance questions, and a wave of new privacy litigation can each derail a deal or reshape its terms. Our panel will walk through where this risk lives and how to get ahead of it.

During our program, we will cover:

• The Shifting State and Federal Regulatory Landscape: Emerging enforcement issues such as dynamic/algorithmic pricing and packaging, and how the interplay between federal regulation by press release and active state legislatures and attorneys general is reshaping the patchwork facing consumer products companies, along with what this means for diligence and deal terms.
• Antitrust Tips on M&A Document Creation: How documents prepared during the transaction process can increase or help mitigate regulatory delays and execution risk.
• Evaluating AI Usage and Governance in Diligence: What to look for when evaluating a target's AI governance, regulatory compliance, and IP posture.
• Privacy and Security: Why the rising tide of tracking litigation (pixel, session-replay, wiretapping) makes retail and consumer products companies prime targets, and how to translate tracking, breach, and monetization risk into deal terms.