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Foley & Lardner LLP

Japan’s M&A Boom: A Private Equity Powerhouse in 2025

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Mergers and acquisitions in Japan have been going against the global trend, which is leading to dealmakers taking a closer look at Japanese companies and their low valuations, as well as Japan’s increasingly open M&A...more

White & Case LLP

2024 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 review looks at these developments and gives practical guidance...more

White & Case LLP

Charting a path for European carve-outs

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As central banks continue their campaign to cool inflation, interest rates remain at elevated levels not seen in well over a decade. For companies, this makes funding growth initiatives and refinancing existing debt much more...more

McDermott Will & Schulte

International News: Spotlight on Foreign Investment

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In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

McDermott Will & Schulte

[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

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Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic...more

White & Case LLP

Carve-outs: A valuable tool for European firms

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Strategic carve-outs continue to present a strong business case, as companies shed non-core assets and position themselves for growth - Carve-outs remain a popular route to growth, with many European businesses...more

White & Case LLP

Notable decisions from Delaware courts

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Bardy Diagnostics: Chancery confirms high bar for material adverse effect - The Delaware Court of Chancery was once again required to determine whether a potential buyer should be relieved of its obligation to acquire a...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

Goodwin

English Court Rules On COVID-19 Material Adverse Effect In M&A Transaction

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On 12 October 2020, the Commercial Court handed down judgment in the first case in which the English courts have had to consider whether COVID-19 resulted in a material adverse effect (“MAE”) (Travelport Ltd & Ors v WEX Inc...more

White & Case LLP

Global PE buyout activity stays relatively robust in H1

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Amidst the COVID-19 pandemic, total buyout volume in the first half of 2020 dropped 23% annually, while value fell 30%—less than half the rate of decline of overall M&A. Private equity buyout activity, especially primary...more

Morrison & Foerster LLP

Poison Pill Deep Dive Series: The Inadvertent Triggering Exception

The first of a six-part series examining six specific and evolving rights plan provisions. An increasing number of companies are choosing to adopt shareholder rights plans (otherwise known as “poison pills”) in response to...more

Latham & Watkins LLP

New Challenges for Transitional Services Agreements in Financial Services M&A

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Subcontractors, security, and audit and termination rights will require special consideration under forthcoming EBA outsourcing guidelines. Recent growth in divestiture and carve-out deals in the M&A landscape, including...more

White and Williams LLP

Delaware Chancery Court Addresses the Seller’s Preservation of Privilege Post-Closing

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Preserving privilege with respect to pre-closing communications between a selling corporation’s counsel and its management is an important negotiation point in many transactions, so that the seller can prevent the buyer from...more

White & Case LLP

Five factors for lenders to consider in connection with a P2P

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Although acquisition activity in the European leveraged finance market has been on an upward trajectory since 2012, 2018 saw a substantial increase in buyout activity, which reached €57.6 billion in total, marking a return to...more

A&O Shearman

M&A Watch: Keep Your Hands Off My Privilege! Delaware Revisits Privileged Communications In Private M&A Transactions

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In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery applied guidance from its earlier ruling in Great Hill Equity Partners IV, LP v....more

Latham & Watkins LLP

Making Your Carve-Out a Clean Cut

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Corporates should leverage growing carve-out and divestment activity across the European market with a strategic approach to deal making. In the current deal market, corporates are taking an increasingly strategic and...more

Hogan Lovells

Private equity funds, venture capital funds, hedge funds, and other investment funds receive carve-outs from expanded CFIUS...

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The Foreign Investment Risk Review Modernization Act (FIRRMA), included in the reconciled Conference Report of the FY19 National Defense Authorization Act, substantially expands the jurisdiction of the Committee on Foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

Dell and Fair Value in Statutory Appraisal Actions

The development of Delaware appraisal law has continued with the Delaware Supreme Court’s highly anticipated December 2017 appraisal opinion in Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd. In Dell, the court...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Insights Conversations: Employment Factors to Consider in Carve-Out Transactions"

Carve-out transactions can quickly become complicated by employment considerations — who stays, who goes and what practices govern the transitions. At the April 18, 2016, "Skadden Cross-Border M&A Conference 2016:...more

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