News & Analysis as of

Pricing Mergers

McCarter & English, LLP

Antitrust Law in the Cannabis Sector

Recent antitrust litigation in the cannabis and vape sectors signals intensified scrutiny of pricing practices, distribution restraints, and exclusionary conduct. Two recent cases, Redbud Roots, Inc. v. Shenzhen Smoore...more

Lippes Mathias LLP

Top 5 Trends – Representation and Warranty Insurance for M&A Transactions

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Our Mergers & Acquisitions / Private Equity Team recently attended Marsh’s panel on its 2021 Global Trends Report on transactional risk. Consistent with what we have seen in the market, industry experts confirmed that an...more

K&L Gates LLP

Health Care Triage: Health Care Transactions Trends in 2021 and Beyond

K&L Gates LLP on

In this week’s episode, Josh Skora interviews Rick Giovannelli and Ken Marlow about current trends in health care transactions, with a particular focus on how COVID-19 has affected pricing considerations and the appetite for...more

Morris James LLP

Supreme Court Reverses Chancery's Dell Appraisal Decision

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In one of the most anticipated opinions of 2017, Delaware’s Supreme Court reversed the Court of Chancery’s appraisal decision valuing Dell, Inc.’s shares after its management-led buyout in 2013. In its unanimous en banc...more

Cooley LLP

Alert: Delaware Supreme Court Reverses Dell’s Merger Appraisal Price Bump

Cooley LLP on

On December 14, 2017, the Delaware Supreme Court reversed and remanded the Court of Chancery's appraisal of the fair value of Dell Inc. The trial court's 2016 ruling, which found that a $25 billion management-led buyout...more

Morris James LLP

Is Appraisal Arbitrage Past Its Prime?

Morris James LLP on

Once again, some corporate lawyers are complaining that the Delaware courts are too good to stockholders or, more often, plaintiffs’ lawyers. In the more recent past, those complaints focused on merger litigation that led to...more

McCarter & English, LLP

Delaware Law Updates – What Is the Fair Value of a Stock? Delaware Court of Chancery Rejects the Transaction Price as the Most...

In two recent decisions out of the Delaware Court of Chancery – In re: Appraisal of DFC Global Corp., C.A. No. 10107-CB ("DFC Global") and In re: Appraisal of Dell Inc., C.A. No. 9322-VCL ("Dell") – Chancellor Bouchard and...more

McDermott Will & Emery

FTC’s Feinstein Declines to Provide Safe Harbor Guidance for Low GUPPIs

At a recent panel discussion during George Mason Law Review’s annual antitrust symposium, Deborah Feinstein, director of the Federal Trade Commission’s (FTC) Bureau of Competition, was asked what levels of gross upwards...more

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