News & Analysis as of

Merger Agreements Acquisition Agreements

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

Troutman Pepper Locke

DOJ Antitrust Division AAG Slater Announces “Comply With Care” Task Force

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On August 29, 2025, during a speech at Ohio State University Law School, Assistant Attorney General Gail Slater announced the creation of a “Comply With Care” task force within the Antitrust Division of the Department of...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

White & Case LLP

2025 Summer review - M&A legal and market developments

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We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. Our Summer 2025 review examines these developments and provides practical...more

Ballard Spahr LLP

Trends In Dealmaking

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As the page turned on 2025, optimism was high among life sciences dealmakers. Elections in the U.S. and other major economies had concluded, interest rates were poised to come in to focus, and the regulatory environment...more

Mayer Brown

The Staying Power of Term Sheets

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In this episode, Mayer Brown’s Global Corporate M&A Podcast unpacks the surprising staying power of term sheets—even after definitive agreements are signed. Hosts Jon Dhanawade, Frank Favia, and Andrew Stanger dissect recent...more

Troutman Pepper Locke

Delaware Supreme Court Clarifies Indemnification Notice Requirements in M&A Escrow Dispute

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The Delaware Supreme Court recently issued a significant decision in Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC, clarifying the importance of strict compliance with...more

Thomas Fox - Compliance Evangelist

Compliance Tip of the Day: Why Engage in Pre-acquisition Due Diligence

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned...more

Winstead PC

[Webinar] Maximizing Your M&A Outcome - A Conversation on Seller Readiness - August 20th, 1:00 pm ET

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You're invited to join us for a webinar focusing on the crucial topic of seller readiness in mergers and acquisitions. This event will feature a dynamic discussion between Manny Clark, M&A Attorney at Winstead and Eric...more

Jones Day

Bank Merger and Acquisition Policy Changes: The Opportunity Is Now

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Banking agencies and the DOJ have signaled an openness to bank M&A where the combined institutions will enhance competition, customer benefits, technological innovation, and enterprise risk management....more

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

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