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Husch Blackwell LLP

ESOPs for Cannabis Companies

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Employee stock ownership plans (ESOPs) have been used as a business succession strategy by employers across many industries. In the cannabis industry, ESOPs have come and gone and come again as a trendy topic promising to fix...more

Proskauer Rose LLP

Proskauer Hedge Fund Trading Guide Chapter 4: Stock Acquisitions: Key Requirements and Timing Considerations of Hart-Scott-Rodino

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Proskauer’s Practical Guide to the Regulation of Hedge Fund Trading Activities offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It...more

DarrowEverett LLP

Unlocking Tax-Free Gains: The Power of QSBS in Mergers & Acquisitions

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Internal Revenue Code (IRC) Section 1202 offers a significant tax incentive for investors in qualified small business stock (QSBS). This provision allows eligible shareholders to exclude up to 100% of capital gains realized...more

Allen Barron, Inc.

Lack of Due Diligence During a Business Acquisition

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What risks are associated with a lack of due diligence during a business acquisition, asset purchase, stock purchase, or merger? How can due diligence make or break the success of any mergers and acquisitions transaction? ...more

Mintz - Securities & Capital Markets...

Proposed Treasury Regulations Provide Guidance on Stock Buyback Excise Tax for Redemptions and M&A Transactions

On April 12, 2024, the Treasury Department and Internal Revenue Service (IRS) issued proposed Treasury Regulations (REG-115710-22) providing comprehensive guidance for applying the one-percent excise tax owed on corporate...more

Opportune LLP

Oil & Gas Valuation: 5 Questions to Ask When Stock Is Used As Consideration

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Over the last several years, an acquiring company’s stock has become a more commonly used currency in upstream oil & gas merger and acquisition transactions. This trend can be attributed to its benefits, such as providing...more

Sheppard Mullin Richter & Hampton LLP

The Art of the Dealership: A Legal Road Map for Buying and Selling Automotive Dealerships

The past few years have seen dramatic shifts for mergers and acquisitions involving automotive dealerships. It has been estimated that approximately 3% of dealerships undergo a change of ownership in an average year...more

Skadden, Arps, Slate, Meagher & Flom LLP

IRS Issues Initial Guidance for New Excise Tax on Stock Buybacks and Corporate Alternative Minimum Tax

On December 27, 2022, the IRS issued two notices providing key initial guidance for the new excise tax on corporate stock buybacks and the new corporate alternative minimum tax (CAMT). Both the excise tax and the CAMT were...more

Foley & Lardner LLP

Retaining the Team: How to Mitigate Your Number One Risk in a Tech M&A Deal

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After M&A dealmaking cranked at an all-time high in 2021 with a record breaking 60,000 publicly disclosed deals aggregating over $5 trillion (see our recent article), the waters of M&A cooled considerably in 2022, with only...more

Conyers

Cayman Islands Court of Appeal Effectively Rewrites Section 238 of the Cayman Islands’ Companies Act

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In a recent judgment in the case of Re Changyou.com Limited, CICA (Civil) Appeal 6 of 2021, delivered on 16 September 2022, the Cayman Islands Court of Appeal has applied the interpretative provisions of section 25 and...more

Foley & Lardner LLP

Five tips for startups to thrive in the coming downturn

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It does not take a genius to take notice of the changing face of the technology economy. When the largest social network in the world announces the slightest drop in growth – indeed, when it announces double-digit decreases...more

Foley & Lardner LLP

Rising Interest Rates Could Mean Even More M&A Deals Structured with Cash and Equity

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What to Consider When Structuring a Cash and Equity Transaction - We have enjoyed low interest rates for years, leading to an increase in all-cash acquisitions. As valuations soared in 2021, we saw private equity firms...more

Opportune LLP

Oil & Gas Valuation: 5 Things To Consider When Stock Is Used As Consideration

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Here are five concepts to keep in mind when utilizing stock as a form of consideration in an oil and gas transaction....more

White & Case LLP

Real estate sees welcome revival in M&A in 2021

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M&A value among real estate firms quadrupled year-on-year in H1, after a tough 2020 - Real estate was particularly hard hit by lockdowns, with many real estate operators carrying significant holdings of hotels, shopping...more

Williams Mullen

Tax-Free Rollovers in Private M&A Transactions: LLC Asset vs. Stock Drop-Down (with Examples)

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Companies with a history of consistent revenue growth and adjusted EBITDA make attractive acquisition targets for strategic and private equity buyers. Unlike a strategic buyer, which may have on hand a management team capable...more

Vinson & Elkins LLP

Thoughts For Boards Navigating In Turbulent Conditions

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A board of directors’ vision and leadership becomes particularly vital during times of distress. While day-to-day operations rest with management, both fiduciary duty law and sound corporate governance practices call for the...more

Sheppard Mullin Richter & Hampton LLP

Regulation A May Prove Useful Alternative to Form S-4 Registration for Public Companies Doing Smaller M&A Deals

Last month, the U.S. Securities and Exchange Commission (“SEC”) announced it had adopted final rules to amend certain parts of Regulation A promulgated under the Securities Act of 1933 (“Securities Act”). These new rules...more

Alston & Bird

Cash Deals Abound

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Cash is king in this year’s M&A deals. Our Federal Tax Group investigates the tax implications behind these all-cash deals and what dangers may lie ahead. - Few stocks are held by taxable persons - First-step mergers - A...more

Morrison & Foerster LLP

Delaware Supreme Court Reverses Dell Appraisal Award - Emphasizes, But Does Not Require, Deference to Deal Price in Appropriate...

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On December 14, the Delaware Supreme Court reversed a Chancery Court decision that had found the “fair value” of Dell shares in the 2013 MBO by Michael Dell and Silver Lake to be about 28% more than the final negotiated deal...more

Goodwin

Reminder: Equity Compensation May Require Personal, Individual HSR Filings

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Do you receive any form of equity-based compensation? Does your company grant any form of equity-based compensation? If so, it is critical to remember that common equity-based compensation, such as option exercises,...more

Goodwin

Revised NYSE Dividend Notification Requirements

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The New York Stock Exchange has amended its Listed Company Manual to require listed companies to notify the NYSE at least 10 minutes before the company announces any dividend or stock distribution or the fixing of a record...more

Cadwalader, Wickersham & Taft LLP

2016 Year In Review: Corporate Governance Litigation And Regulation

2016 saw many notable developments in corporate governance litigation and related regulatory developments. In this article, we discuss significant judicial and regulatory developments in the following areas: Mergers...more

Proskauer Rose LLP

More Leveraged Buy-Outs to Face HSR Scrutiny as Agency Expands Reporting Requirements

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The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Like a hot new underground nightclub [I presume.  Not exactly  my scene], Marcus—Goldman Sachs’ new online lending platform aimed at the consumer banking segment—requires a password. Goldman’s reportedly sending out the...more

Perkins Coie

HSR 2015 Annual Report: Filings Up, Second Requests Down and ESO/RSU Implications

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The Hart-Scott-Rodino Annual Report Fiscal Year 2015, published by the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ), summarizes FTC and DOJ actions conducted under the Hart-Scott-Rodino Antitrust...more

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