News & Analysis as of

Acquisition Agreements Private Equity

Troutman Pepper Locke

The Evolving Continuation Vehicle

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Secondaries – and continuation vehicles, in particular – is proving to be a useful tool for both sponsors and investors. Depending on the value remaining in a particular asset or portfolio of assets, many investors in the...more

Sheppard Mullin Richter & Hampton LLP

State Antitrust Enforcement Roundup: Updates to Healthcare Merger Matrix; New Potential Legislation Targeting Private Equity and...

State oversight of healthcare transactions is continuing to undergo a significant transformation. As tracked in our updated Healthcare Merger Matrix, the number of states implementing or considering expanding antitrust laws...more

White & Case LLP

Firm foundations: US infrastructure M&A surges in a volatile market

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Despite economic and geopolitical uncertainty, US infrastructure dealmaking has boomed as investors seek the stable, long-term revenue streams and predictable returns that infrastructure assets provide...more

White & Case LLP

Italy leads Europe’s high yield market

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Italy’s high yield bond market thrived during the first half of the year, delivering a double-digit year-on-year increase in issuance, and standing in stark contrast to the broader market slowdown observed in Europe....more

Herbert Smith Freehills Kramer

UK Public M&A Monthly Activity Update: August 2025

In August 2025, there were three Rule 2.7 announcements made across the UK public M&A market and one further possible offer announced....more

Troutman Pepper Locke

Delaware Court of Chancery Confirms That Asset Sales Can Trigger Revlon Review

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In In re Dura Medic Holdings, Inc. Consolidated Litigation, the Delaware Court of Chancery held that Revlon review (i.e., the obligation of the board of directors of a Delaware corporation to seek the best price reasonably...more

Clark Hill PLC

BBP Holdco v. Brunswick: Delaware Superior Court reinforces M&A fair disclosure standards

Clark Hill PLC on

In BBP Holdco, Inc. v. Brunswick Corporation, decided July 14, the Delaware Superior Court delivered a resounding defense of the “fair disclosure” standard in M&A transactions. Judge Paul R. Wallace’s 45-page decision after...more

Woodruff Sawyer

RWI for Small Deals: A Strategic Shift in Product Design

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The US representations and warranties insurance (RWI) market has long been a fixture in M&A transactions, particularly in the mid- and large-cap space. But as dealmakers increasingly look to scale through smaller...more

Davis Wright Tremaine LLP

Food Venture Financing News – Weekly Issue No. 245

Food Venture Financing Trends - Ferrero, the maker of Nutella, is purchasing WK Kellog for $3.1 billion looking to grow their North American presence....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

Ropes & Gray LLP

Dealmaker's Digest: A Top 10 Bulletin - July 2025

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In Dealmaker’s Digest, read the top 10 latest developments in global transactions. We offer insights into M&A activity across industries and borders. The first half of 2025 saw a 13% increase in global deal value and 5%...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

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

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

Troutman Pepper Locke

Illinois and Minnesota AGs Join FTC’s Lawsuit Against Private Equity Firm

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Illinois Attorney General (AG) Kwame Raoul and Minnesota AG Keith Ellison have joined the Federal Trade Commission (FTC) in a lawsuit to block the acquisition of Surmodics Inc. by GTCR BC Holdings LLC, two major manufacturers...more

Jones Day

State Attorneys General Increasing Oversight and Focus on Private Equity in Health Care Industry

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State attorneys general ("AGs") have long had unique police powers over a variety of health care providers in their states. Recently, AGs in several states have used this authority to scrutinize consolidation and corporate...more

Mayer Brown

Delaware Law Alert: Chancery Court Clarifies Delaware’s Position on Sandbagging and the Use of a Transaction Multiple to Calculate...

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AT A GLANCE - The Delaware Chancery Court has issued a notable opinion that confirms Delaware’s position as a pro-sandbagging jurisdiction and clarifies when damages may be computed using a transaction multiple. We...more

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Public Policy

For private equity investors, the arrival of the 119th Congress and the new Trump administration shifts the landscape, creating uncertainty, challenge and opportunity in equal measure and highlighting the need for political...more

Quarles & Brady LLP

PE in Healthcare – Recent Governmental Commentary Could Indicate Policy Changes on the Horizon and Time for Increased Vigilance

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Recent reports published by the Senate Budget Committee (the “Committee”) and the U.S. Department of Health and Human Services (“HHS”) highlight what the authors characterize as concerns related to private equity (“PE”)...more

Procopio, Cory, Hargreaves & Savitch LLP

Eleven Concepts Business Teams Need to Know About Indemnification and Protection in Private Company M&A: Cutting Through the...

Privately held businesses are rarely bought or sold “as is.” Buyers of most businesses usually expect the sellers to make a comprehensive set of “representations” or “reps.” In other words, statements about the business that...more

Seyfarth Shaw LLP

The Winning Way to Programmatic M&A in Oil & Gas

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A recent BTI Consulting study revealed that more than 50% of M&A transactions are not budgeted for by in-house legal departments. This statistic underscores a common issue—a lack of planning and systematic approaches in...more

Troutman Pepper Locke

Policies in Focus: Opportunities and Challenges Expected for M&A and VC in 2025

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The only constant in Washington, D.C., is that power will periodically shift from one party to another, and back again. As a new administration and Congress begin to chart a course on a wide range of policies, it is important...more

Troutman Pepper Locke

A Sharper Focus: Exploring VC Side Letters

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A side letter in the venture capital sector is an agreement between an investor and the company it is investing in that entitles the investor to certain contractual rights, which supplement and are in addition to other rights...more

Troutman Pepper Locke

FTC Takes Another Shot at Private Equity Roll-Ups

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At the end of the Biden administration, the Federal Trade Commission (FTC) announced a settlement with private equity firm Welsh, Carson, Anderson, and Stowe, and several of its affiliates (Welsh Carson), resolving what the...more

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