General Business Science, Computers & Technology Mergers & Acquisitions

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Mylan Agrees to Divest Seven Products, Including Three Pipeline Products, to Clear FTC Hurdle in Its $27 Billion Tender Offer Bid...

The Federal Trade Commission (“FTC”) yesterday concluded its antitrust review of Mylan N.V.’s (“Mylan”) proposed acquisition of Perrigo Company plc (“Perrigo”) by entering into a proposed consent judgment that would require...more

Another Court Deals with Privileged Communications' Ownership after a Corporate Transaction

Most if not all courts recognize that selling a corporation's stock transfers ownership of the corporation's privileged communications. These can include even communications about the sale transaction. Great Hill Equity...more

7 Tips for Conducting Effective Cybersecurity Due Diligence in M&A Transactions

1. Start Early - Buyers should begin conducting cybersecurity risk assessments early in the engagement process. The target should be able to identify which information technology systems and data sets are key to the...more

Some Useful Insights from Steris-Synergy Merger Case

The Federal Trade Commission suffered a rare loss when, on Sept. 24, the U.S. District Court for the Northern District of Ohio denied its request for a preliminary injunction, despite having accepted the FTC’s “actual...more

Considering Selling Your Company? Tip #4: Utilize the Pool of Potential Acquirers

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

Considering Selling Your Company? Tip #2: Stage Your Company

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

Considering Selling Your Company? Tip #1: Set Realistic Pricing Expectations

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

Five Tips for a Successful Exit

Any number of factors can trigger a tech company’s exit: worn-out founders, anxious investors, industry consolidation, or wild, Instagram-like success. As tech founders and executives contemplate the possibility and timing of...more

True Health Diagnostics Makes Offer to Acquire Health Diagnostic Laboratory

True Health Diagnostics, based in Frisco, Texas, has offered to acquire Health Diagnostic Laboratory (HDL), based in Richmond, Va., for $32 million, according to a Richmond Times Dispatch report....more

With Reservations, Delaware Chancery Court Grants Summary Judgment to Dell in Appraisal Action Sparked by Going-Private Merger

In a cash-out merger or consolidation, qualifying shareholders of a constituent Delaware corporation who do not vote in favor of the transaction may seek a judicial determination of the “fair value of [their] shares” under...more

FCPA Compliance and Ethics Report-Episode 175-Debra Bruce on new methods for law firm funding and its implications [Video]

In this episode I visit with Debra Bruce, Principle at Lawyer-Coach. She discusses the recent IPO of the English law firm Gately and alternative funding vehicles available to UK law firms. She explains how these new models...more

Expanded HSR Antitrust Reporting for Pharma Licensing Deals Is Here to Stay

On June 9, 2015, the U.S. Court of Appeals for the D.C. Circuit, in its ruling in Pharm. Research & Mfrs. of Am. v. FTC, upheld the FTC's expansion of HSR reporting requirements for pharmaceutical companies, and solidified...more

Expanded FTC Premerger Notification Rules Specific to the Pharmaceutical Industry are Upheld by the D.C. Circuit

The D.C. Circuit recently affirmed a lower court’s decision upholding regulations adopted by the Federal Trade Commission (FTC) requiring a Hart Scott Rodino (HSR) Act premerger notification filing for transfers of patent...more

Your Drug Patent Rights Transfer May Be Reportable, Court of Appeals Confirms

On Nov. 6, 2013, the Federal Trade Commission (FTC or Commission) modified its Hart-Scott-Rodino Act (HSR) rules to clarify that transfers of patent rights within the pharmaceutical industry constitute potentially reportable...more

European Competition Law Newsletter – June 2015

Following a preliminary announcement in March, on 6 May 2015, the European Commission (EC) launched an antitrust inquiry into the e-commerce sector in the EU. The inquiry will focus on potential barriers erected by companies...more

Corporate: Negotiating Strategies for the Sale of Technology Companies

The number of mergers and acquisitions of private technology companies continue to increase. Established companies often have inadequate in-house development resources, a large pile of cash, and a need to prove to their...more

EU antitrust authorities to take value of personal data into consideration when reviewing digital markets in merger and antitrust...

In an interview on 9 April 2015, European Competition Commissioner Margrethe Vestager indicated that companies who control personal data could come under increased scrutiny from European antitrust authorities. She recognises...more

Orthofix secures option to acquire eNeura for $65 million

On March 31, 2015, Orthofix International N.V. announced it entered into an 18-month option agreement to acquire eNeura, Inc. Orthofix’s website states that the focus of the company is on “improving patients’ lives by...more

Carolinas Corporate Update

We are pleased to share the following representative engagements from 2014: Strategic M&A - We advised private and public companies and their subsidiaries, both domestic and foreign, in their merger and...more

"CFIUS’s Annual Report to Congress Details Longer Process, More Aggressive Risk Mitigation"

Key Developments - The Committee on Foreign Investment in the United States (CFIUS) is an interagency, Executive Branch organization charged with identifying potential national security risks posed by foreign...more

Orrick's Antitrust and Competition Newsletter (Global) - February 2015

DOJ’s Approval of Revisions to IEEE’s Standard-Setting Policies Provides Guidance for SSOs, Patent Holders, Licensees and Courts - On Feb. 2, 2015, the U.S. Department of Justice issued a business review letter that...more

"Insights Focus: Key Observations for Directors and Senior Executives"

Although Insights is intended to cover a wide range of issues, there are a number of topics we believe will be of particular interest to directors and senior corporate executives. Below is an introduction to these topics and...more

Venture Capital Coast-to-Coast – January 2015

Concern over higher valuations? Apparently not, as $59 billion invested in 2014 breaks the post-crisis record. LPs also set a post-crisis record with $32 billion in commitments to U.S.-based VC funds. PitchBook Data, Inc.,...more

Top Three Trends From 2014 to Influence Government Contractors in 2015

This post is co-authored by Tamara Jack of LMI Government Consulting. Federal government contractors, especially those in the manufacturing sector, continue to experience the economic impact of budget cuts, decreased federal...more

"Insights Conversations: Life Sciences"

A healthy market for M&A activity, particularly cross-border deals, and a strict regulatory environment are the big factors influencing the health and activities of life sciences companies. Skadden partners John T....more

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