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Acquisitions Divestiture Mergers

Troutman Pepper Locke

Antitrust Division Declares Enterprise Wireless Merger Settlement a Victory

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Shortly before the scheduled start of the trial, the U.S. Department of Justice, Antitrust Division (Division) reached a settlement with Hewlett Packard Enterprise (HPE) and Juniper Networks (Juniper), allowing their $14...more

Wilson Sonsini Goodrich & Rosati

DOJ Carries Through on Revitalization of Merger Remedies

Days after the Federal Trade Commission (FTC) reached its first divestiture settlement of the new Trump administration, the U.S. Department of Justice Antitrust Division (DOJ or the Division) followed through on Assistant...more

McDermott Will & Schulte

The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers

The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) each recently announced that they would accept structural remedies to address concerns that two transactions in the technology industry would reduce...more

WilmerHale

Use of Software by Divested Business After Spinout Brings $80,000,000 Lawsuit

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As more companies seek to spin out non-core businesses and the market for carve out divestitures heats up, counsel representing potential buyers and sellers should be prepared to identify and mitigate key risks that may arise...more

Ankura

Valuing Legal Entities as Part of a Legal Entity Rationalization – Key Aspects

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24 In this article, we delve into the intricacies of valuing individual legal entities as part of a legal entity rationalization, exploring some of the key considerations that must be considered to prepare a robust and...more

Foley & Lardner LLP

2024 Predictions: Unveiling the future of healthcare mergers and acquisitions

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Today, a tale of two markets are seen in healthcare mergers and acquisition (M&A): the present (as reflected in the data about declining dealmaking) and the future (reflected in the increasingly positive outlook by...more

Beveridge & Diamond PC

Key Considerations for Environmental Transactions: Seeing the Forest and Not Just the Trees

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Corporate mergers, asset acquisitions, and divestitures often include a variety of environmental components or considerations – some of which can be nuanced – that can affect and can be affected by other non-environmental...more

Torres Trade Law, PLLC

ITAR Material Change Reference Guide

Any person or company in the United States that manufactures, exports, temporarily imports, or brokers items, including technical data and software (defense articles), or performs certain services (defense services) that are...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2023 - Driving You MAD - Customs Issues in Mergers Acquisitions & Divestitures

Let’s say you work in Customs Compliance at Shark Company. You learn that your company is purchasing Shrimp Company. Do you have any concerns? Will there be work to do? Yes, and yes! Buying Another Company- When one...more

Opportune LLP

Q&A: The State Of Oil & Gas M&A Activity & What To Expect In 2023

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The current landscape of M&A and A&D dealmaking in the U.S. oil and gas industry looks a lot different than what it did in the 2015-2019 period. During the pandemic, commodity prices sank to historically low levels (WTI crude...more

Skadden, Arps, Slate, Meagher & Flom LLP

Boards and M&A: Playing, and Winning, the Game of Regulatory Risk

Takeaways - With increasingly aggressive antitrust and foreign investment reviews, directors need to be fully informed about the risks of deals from the beginning of negotiations. Boards should insist that management and its...more

White & Case LLP

Private equity firms battle headwinds in H1

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In line with overall M&A activity, US PE dealmaking in H1 lagged behind 2021 in terms of both value and volume. Total deal value of US$415 billion during the first half of the year represents a 28 percent fall...more

Miller Nash LLP

Today in Tax: Spin-off Structures in Mergers & Acquisitions

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Brief commentary on the past week’s cases, rulings, notices, and related federal tax guidance. Corporations Permitted to Rely on Public Shareholder Data to Confirm Qualification for Tax-Free Spin-off and Subsequent Merger...more

Hogan Lovells

FTC establishes broad policy to require prior approval provisions in all merger divestiture orders

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On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more

White & Case LLP

Private equity carve-outs ride post-COVID wave

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PE investors stand ready to fund spinoffs of non-core assets as companies refocus for the recovery - Last spring, Dell spun off its cloud computing business, VMWare, in a deal valued at nearly US$63 billion, with the equity...more

K&L Gates LLP

The 4th Circuit Affirms Groundbreaking Divestiture Order in Private Clayton Act Suit Challenging Completed Merger

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The 4th Circuit’s decision in Steves and Sons Inc. v. JELD-WEN Inc. affirmed a district court’s order compelling an acquirer to divest the business of a competitor, which the court held had been acquired in violation of...more

Foley Hoag LLP

Court of Appeals Affirms Divestiture from a Consummated Merger in First-of-Its-Kind Private Antitrust Challenge

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On February 18, 2021, the Fourth Circuit upheld a District Court’s first-of-its-kind divestiture order against Jeld-Wen Inc., which was seeking to overturn the lower court’s 2018 order requiring Jeld-Wen to spin off a factory...more

Opportune LLP

Q&A: M&A In The Oil & Gas Sector

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Jim Hansen, Head of Investment Banking at Opportune Partners LLC, gives his thoughts on the state of oil and gas M&A activity and what to expect in 2021. Originally published in the January 2021 issue of Financier...more

Jones Day

DOJ Antitrust Division Updates Merger Remedies Guide

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The U.S. Department of Justice's ("DOJ") new remedies guide reinforces its strong preferences for structural divestitures and upfront buyers to resolve merger investigations. Last week, the DOJ released a new "Merger...more

Proskauer Rose LLP

New DOJ Merger Remedies Manual Cites Strong Preference for Structural Remedies - New Openness to Private Equity Buyers

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The United States Department of Justice released its revised Merger Remedies Manual on September 3, 2020, providing “Antitrust Division attorneys and economists with a framework for fashioning and implementing appropriate...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Enforcement Actions Highlight Scrutiny of Divestiture Orders Compliance

Recent enforcement actions by the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) demonstrate the agencies’ continued close scrutiny of merging parties’ compliance with divestiture orders....more

Opportune LLP

Is There Signs Of Life In A&D Activity?

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Is A&D activity picking up in the upstream oil and gas sector and, if so, is now the right time to find attractive deals? ...more

McDermott Will & Schulte

[Webinar] Diagnostics, Antibody Testing and Vaccines: Global Outlook on Life Sciences COVID-19 Advances and Evolving Deal Trends -...

Across the US and EU, life sciences companies are pushing diagnostics, antibody testing, vaccines and other efforts forward to flatten the Coronavirus (COVID-19) curve. Our multidisciplinary cross-border life sciences team...more

Perkins Coie

“Reasonableness” Is in the Eye of the Beholder: Vague Contracts Clauses Invite Litigation

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Schick, the shaving product company, recently announced it was abandoning its proposed $1.4 billion acquisition of rival startup Harry’s Razors. The announcement followed the U.S. Federal Trade Commission’s (FTC) threat to...more

Opportune LLP

4 Trends To Watch in the Upstream Oil & Gas Industry in 2020

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What are the top upstream oil and gas trends to look out for in 2020?  Although recent events in the Middle East are still volatile, it seems the oil price rally is over for now. Prices are more or less back to where they...more

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