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Acquisition Agreements Merger Agreements

Mayer Brown

Delaware Law Alert: Long Live the Term Sheet—When Term Sheet Provisions Survive the Execution of Definitive Agreements

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Deal parties may be surprised to learn that a term sheet signed as part of early negotiations can, in some circumstances, continue to be binding after the execution of a definitive transaction agreement contemplated by the...more

Mogin Law LLP

DOJ Antitrust Division Reviewing Google-Wiz Deal

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The Justice Department’s Antitrust Division is reviewing Google’s planned $32 billion acquisition of Wiz Inc. to determine if the combination would illegally limit competition in the cloud security marketplace, according to a...more

Troutman Pepper Locke

Strategic Alignment With Collaboration Partners Is Essential to a Successful Life Sciences M&A Exit

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In the midst of shifting political headwinds and a tight funding market, many life sciences companies are considering their M&A exit. Potential acquirers (both strategic and private equity) have plenty of dry powder and are...more

Troutman Pepper Locke

M&A and Global Compliance Lessons From OFAC’s Settlement With Key Holding

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On July 2, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) reached a settlement with Key Holding, LLC (Key Holding) concerning its non-U.S. subsidiary’s violations of the Cuban Assets...more

Ballard Spahr LLP

Washington State Merger Notification Requirements Start This Month

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Are you contemplating a merger or acquisition with a connection to Washington State? Effective July 27, 2025, any transaction requiring pre-notification under the federal Hart-Scott-Rodino Antitrust Improvements Act of 1976...more

Herbert Smith Freehills Kramer

Delaware Supreme Court reverses acquirer’s aiding and abetting liability, setting high bar, following precedent set by its recent...

On June 17, 2025, the Delaware Supreme Court (Court), sitting en banc, reversed a Court of Chancery ruling that had held a bidder liable for aiding and abetting fiduciary breaches of the target’s management....more

Herbert Smith Freehills Kramer

Takeovers Panel drops a suite of new considerations for voting intention statements

In the recent decision in Re Dropsuite Limited [2025] ATP 10, the Takeovers Panel concluded that a voting intention statement given by a substantial shareholder in the usual form was ‘ambiguous’ as to whether that shareholder...more

Herbert Smith Freehills Kramer

New merger control regime - What you need to know for dealmaking

The Government has made the notification rules which determine the circumstances in which 2026 transactions will need to be notified to the Australian Competition and Consumer Commission (ACCC) under the new Part IVA of the...more

Quarles & Brady LLP

DOJ Uses Successor Liability as a Civil Cybersecurity Enforcement Tool: Comprehensive Diligence Now May Save Millions Later

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The United States Department of Justice (DOJ) recently settled a qui tam suit with a defense contractor and its successor company for $8.4 million, resolving allegations that the contractor and successor company violated the...more

Goodwin

BioNTech Announces Transaction to Acquire CureVac

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On June 12, 2025, BioNTech SE (“BioNTech”) announced its entry into a definitive purchase agreement to acquire all shares of CureVac N.V. (“CureVac”), with an implied aggregate equity value for CureVac of approximately $1.25...more

Mayer Brown

Delaware Law Alert: Chancery Court Applies Conditional Probability to Calculate Damages in Earnout Dispute

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A recent Delaware Chancery Court opinion offers a significant example of how courts may apply complex probability analysis to determine the amount of damages in an earnout dispute. The case arose from Alexion Pharmaceuticals,...more

Fenwick & West LLP

Buy-Side M&A Playbook: Drafting Definitive Agreements - The Road to Closing

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This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit....more

Troutman Pepper Locke

Top Five Private Equity Investment Trends in US Energy: How Leading Private Equity Investors View Deal Opportunities Across the...

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This report draws insights from Troutman Pepper Locke attorneys and leading industry specialists to highlight the private equity investment trends currently reshaping the sector. The findings provide a picture of where...more

Loeb & Loeb LLP

How Private Equity Is Shaping Modern Music Catalog Deals

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Ann Chen, deputy chair of the firm’s Capital Markets & Corporate department, provides an insider perspective on the crossroads of corporate law and entertainment, particularly in the music catalog space....more

Jones Day

Landmark European Commission Cartel Fines on No-poaching Agreements and Minority Shareholdings

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European Commission ("EC") issues its first fining decision for a no-poach agreement, and also sanctions for the first time the exchange of sensitive information between a company and its competing, non-controlling minority...more

Herbert Smith Freehills Kramer

DealMakers: Private M&A Report Australia 2025

This exclusive report unpacks a sample of over 60 private M&A transactions led by our Dealmakers—offering data-driven insights into a dynamic year of strategic execution, sector shifts, and evolving deal structures...more

Cornerstone Research

Q&A with Phil Leslie: Pioneering Innovation in Economic Consulting

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We interview Phil Leslie, Cornerstone Research’s new Chief Technology and Innovation Officer, to gain his insights on the intersection of economics and technology in the age of artificial intelligence (AI). ...more

Loeb & Loeb LLP

How Mergers and Acquisitions Are Reshaping Higher Education

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Private nonprofit colleges and universities are consolidating at a growing rate, driven by shifting demographics, rising costs and increased competition from nontraditional education paths. ...more

Mayer Brown

ANTAQ Publishes New Guidelines on Transfer of Corporate Control in Port Contracts

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The Brazilian National Agency for Waterway Transportation (ANTAQ) published Resolution No. 128/2025 (RN 128/2025), revising the procedures for the transfer of corporate control under port authority concession contracts, lease...more

Troutman Pepper Locke

Delaware Court of Chancery Allows Amendment of LLC Agreement to Permit Disparate Consideration Where Amendment Provisions Were...

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In Faiz Khan and Ralph Finger v. Warburg Pincus, LLC et al., the Delaware Court of Chancery held that the implied covenant of good faith and fair dealing was not applicable to a private equity sponsor’s amendment of a limited...more

Dacheng

China Monthly Antitrust Update: May 2025

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This monthly report outlines key developments in China’s antitrust sector for May. The following events merit special attention...more

Fenwick & West LLP

Buy-Side M&A Playbook: The Term Sheet - Defining Your Aerospace & Defense Deal

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This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit....more

Dacheng

M&A Transactions and Antitrust Regulation in the Real Estate Industry: Characteristics and Trends in Merger Review Cases

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The real estate industry, one of the pillar sectors of the national economy, has played a pivotal role in China’s economic development since the reform and opening‑up....more

Dacheng

China’s First Court Ruling on Merger Control Upholds Conditional Clearance of Below-Threshold Deal

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In March 2025, the Beijing Intellectual Property Court issued a landmark ruling—the first case in which a filing party challenged a merger decision by the State Administration for Market Regulation (“SAMR”) through judicial...more

Woodruff Sawyer

How To: M&A Deal Baskets and Reps & Warranties Insurance

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Negotiating a basket mechanism into your merger or acquisition agreement? One of the questions it pays to ask (and answer) early on is how that basket mechanism will function with the retention amount you will be negotiating...more

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