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Acquisitions Private Equity Corporate Counsel

Blank Rome LLP

Beyond the Balance Sheet: The Continued Importance of Cybersecurity in M&A

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In our August 1 post, we discussed how companies that acquire government contractors can inherit the False Claims Act (“FCA”) exposure based on their targets’ cybersecurity violations. Now, the Department of Justice (“DOJ”)...more

Akin Gump Strauss Hauer & Feld LLP

The First 100 Days of the New HSR Rules: Assessing the Impact

The new Hart-Scott-Rodino (HSR) requirements went into effect on February 10, 2025, meaning that May 21, 2025 marked their 100th day in effect. Here are just a few of our observations from the first 100 days of the new HSR...more

Mintz

[Podcast] Mintz On Air: Practical Policies – When Should You Hire an Employment Lawyer?

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In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin discusses with colleague and Member Andrew Bernstein when the best time is to hire an employment lawyer. This episode is part of a series...more

Parker Poe Adams & Bernstein LLP

New FTC Consent Order Against Health Care-Focused Private Equity Firm Has Antitrust Implications

Last week, the Federal Trade Commission (FTC) approved a final consent order with a private equity firm focused on health care and technology to resolve allegations of anticompetitive practices in two anesthesiology markets...more

McDermott Will & Schulte

Antitrust Under Trump: April 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. Signs indicate we are entering...more

Bennett Jones LLP

Momentum Shift: Canada’s M&A Landscape in 2025

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A variety of factors are expected to significantly increase Canadian M&A activity in 2025. These include the likelihood of a more merger friendly regulatory environment in the United States for cross-border transactions,...more

A&O Shearman

Global M&A Insights Q4 2024 - introduction

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In our biannual M&A trends report we explore the possible impact of the new U.S. administration on dealmaking, the dynamics of transatlantic M&A, private equity exits, and Mario Draghi’s proposals to reshape the European...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court of Chancery Issues First Dismissal of a SPAC Disclosure Complaint

In January 2022, Vice Chancellor Lori Will of the Delaware Court of Chancery issued a groundbreaking opinion in In re MultiPlan Corp. Stockholders Litigation that paved the way for SPAC stockholders to bring direct breach of...more

ArentFox Schiff

The DOJ and FTC Turn Their Attention to “Roll-Up” Acquisitions, Looking for Anticompetitive Transactions

ArentFox Schiff on

In a December 2023 statement, the White House detailed its intention to encourage antitrust enforcers to scrutinize anticompetitive acquisitions and anticompetitive practices in health care. Specifically, the statement...more

Skadden, Arps, Slate, Meagher & Flom LLP

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge

Key Points - - New draft merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm. - Proposed changes to HSR notification will make...more

Snell & Wilmer

FTC Challenges Private Equity Roll-Up Acquisition Strategy

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A recent U.S. Federal Trade Commission (“FTC”) antitrust lawsuit against a private-equity owner of a large anesthesiology practice in Texas demonstrates that the FTC has begun to implement its more aggressive focus on the...more

BakerHostetler

Delaware Court Raises Eyebrows by Striking Down Noncompete in Sale Transaction

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The Delaware Court of Chancery (the Court) has raised eyebrows with a recent decision, in the case of Kodiak Building Partners, LLC v. Adams, to strike down a noncompetition covenant binding upon a seller in a sale...more

Wilson Sonsini Goodrich & Rosati

Delaware Court of Chancery Issues Additional Guidance on Busted Deals

On April 30, 2021, then-Vice Chancellor (now Chancellor) Kathaleen S. McCormick of the Delaware Court of Chancery issued a post-trial decision addressing an array of important topics in the "busted deal" context following a...more

A&O Shearman

Covid-19 triggers rapid shifts in private M&A tactics

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From standstill to strong recovery, Covid-19 created a year of two halves for transactions in 2020, forcing buyers and sellers to adjust their tactics in the private M&A market....more

Jones Day

Delaware Supreme Court Endorses Deal Price In Statutory Appraisal Action

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The decision makes clear that deal price is an appropriate indicator of fair value even where there is only one bidder. In Verition Partners Master Fund, Ltd. v. Aruba Networks, Inc., the Delaware Supreme Court reversed a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Shareholder Activism Trends in the 2019 Proxy Season

In 2018, robust U.S. and global M&A activity substantially mitigated the downside risk for activist investors. With political uncertainty ahead of the 2020 presidential election, unsettled questions on trade and tariffs, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: 2019 US and Global M&A Outlook: Despite Mounting Headwinds, Potential Remains for the New Year

Mergers and acquisitions activity in the U.S. and globally was again robust in 2018. Despite concerns early in the year that activity could be dampened by emerging worries over trade, rising interest rates and global...more

Orrick, Herrington & Sutcliffe LLP

Know Your Investors – Their Holdings And Board Seats Can Create Antitrust Risk For Your Company

A recent divesture ordered by the Federal Trade Commission should serve as a reminder that private equity- and venture capital-backed companies need to evaluate the other holdings of their investors and directors to avoid...more

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