News & Analysis as of August 25, 2025

Merger Agreements

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Landmark European Commission Cartel Fines on No-poaching Agreements and Minority Shareholdings

Jones Day on 6/9/2025

European Commission ("EC") issues its first fining decision for a no-poach agreement, and also sanctions for the first time the exchange of sensitive information between a company and its competing, non-controlling minority...more

Diving Into Delaware’s Enforcement of Specific Performance in M&A Transactions

Cooley LLP on 10/9/2024

Most M&A agreements include specific performance provisions that allow either party, under certain circumstances, to seek to have a court force the other party to comply with its contractual obligations. In M&A deals, a...more

Recent M&A Developments: What Can Boards of Directors Expect in 2022?

Akin Gump Strauss Hauer & Feld LLP on 2/28/2022

Editor’s Note: Akin Gump is pleased to publish the first in a series of blog posts covering significant issues U.S. boards of directors may expect to face in 2022. In addition to ongoing pressures on the part of boards of...more

2018 Delaware Corporate Law and Litigation Year In Review

Wilson Sonsini Goodrich & Rosati on 1/18/2019

In 2018, the Delaware courts issued a broad range of important decisions addressing various corporate law and governance issues. Those decisions are relevant for public and private companies and will help shape...more

Lessons from LinkedIn: Privacy and Data Security Representations in the M&A Context

Patterson Belknap Webb & Tyler LLP on 6/30/2016

Microsoft’s blockbuster acquisition of LinkedIn earlier this month—a deal where concerns for privacy and data security loomed large—provides a glimpse into the growing trend of including separate privacy and data security...more

Brexit - What Now For Your Business

Orrick, Herrington & Sutcliffe LLP on 6/28/2016

So, the UK has voted to leave the EU. Everyone has their own opinion and we've all seen the news reports and various viewpoints but what does this result mean for you in practical terms and where do we go from here? Here's...more

M&A Update: New York Court of Appeals Rejects Extension of Common Interest Privilege to Merger Talks

Cadwalader, Wickersham & Taft LLP on 6/16/2016

On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for communications involving third parties in situations where litigation is...more

Blog: Agreements to Agree can be Broken: Negotiating Letters of Intent

Cooley LLP on 6/6/2016

On December 23, 2015, the Delaware Supreme Court held that SIGA Technologies, Inc. cannot avoid paying $113 million in expectation damages (plus interest) to PharmAthene, Inc. for breaching an express agreement to negotiate a...more

M&A Update: Delaware Court Finds Dole Executives Personally Liable for Millions in Damages for Defrauding Stockholders in Buy-Out...

Cadwalader, Wickersham & Taft LLP on 8/31/2015

In its August 27th post-trial opinion, In re Dole Food Co., Inc. Stockholder Litigation, the Delaware Chancery Court held Dole executives David Murdock and Michael Carter personally liable for $148 million in damages for...more

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