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K&L Gates LLP

Australia's New Merger Clearance Regime Begins: Government Confirms Notification Thresholds, Exceptions to Notification and...

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IN BRIEF - Australia's new competition merger clearance regime is now live. It can now be used on a voluntary basis and becomes mandatory from 1 January 2026 for all acquisitions of shares or assets that meet the monetary...more

K&L Gates LLP

Full Cost Recovery Proposed for Application Fees Under Australia's Mandatory Merger Clearance Regime

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The Australian Treasury and the Australian Competition and Consumer Commission (ACCC) has released a consultation paper in which it proposes a full cost recovery regime for application fees under Australian's new mandatory...more

Walkers

Restoring a struck off Guernsey Company to the Register of Companies

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Guernsey companies that have been struck off can often be restored to the Register. A Court application is required in almost all cases. This guide sets out the procedure, limitations, costs and effect of a...more

Proskauer Rose LLP

Private Credit Deep Dives – Portability (Europe)

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One of the foundational provisions negotiated in almost every European leveraged loan agreement is the “Change of Control” definition and associated clauses. This provision is crucial because it directly impacts the risk...more

White & Case LLP

The Basics of Bridge Loans - European Leveraged Finance Client Alert Series: July 2022

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Bridge loans are a key way to finance large acquisitions, but their terms are very specialized. In "The Basics of Bridge Loans", the White & Case team explains the key terms of bridge loans and discusses some challenges faced...more

Conn Kavanaugh

Failure to Register With FINRA as a Broker-Dealer Can Cost Mergers and Acquisitions Brokers Dearly

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Conn Kavanaugh attorneys Andrew R. Dennington and Julie M. Muller recently secured a significant win for their client before the U.S. First Circuit Court of Appeals. The First Circuit affirmed that summary judgment properly...more

Foley Hoag LLP

Delaware Chancery Court Rules That Merger Agreement Termination Fee Not Exclusive Remedy Where Seller Accepts Superior Offer in...

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In a decision of great interest in the M&A world, the Delaware Chancery Court recently ruled that a termination fee is not the exclusive remedy for a seller that accepts a higher offer in breach of a no-shop provision....more

Sheppard Mullin Richter & Hampton LLP

Delaware Court of Chancery Dismisses Post-Closing Disclosure Claims for Damages, Cautioning That Such Claims Are Best Pursued...

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In Nguyen v. Barrett, C.A. No. 11511-VCG, 2016 WL 5404095 (Del. Ch. Sept. 28, 2016) (Glasscock, V.C.), the Delaware Court of Chancery dismissed an amended complaint seeking damages for alleged disclosure violations in...more

Bennett Jones LLP

Tax Court Allows Deduction for Advisory Fees in M&A Transaction

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The Tax Court of Canada has recognized in a recent case that “oversight expenses” – notably investment banking and other professional advisory fees for services rendered to boards of directors in their discharge of oversight...more

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