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International Trade Mergers & Acquisitions Civil Procedure

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Economists Must Respect Due Process Too! EU General Court annuls Commission decision blocking UPS/TNT merger

by White & Case LLP on

The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Japan’s SoftBank hasn’t been shy about bold moves, but its most recent one—the decision to buy American PE giant Fortress Investment Group—is an especially big one. The deal is seen as bolstering SoftBank’s recently announced...more

Sandbagging in M&A Transactions: Default Rules in Delaware, New York and California

by Dechert LLP on

One of the most confusing legal issues facing foreign buyers of U.S. assets is governing law. Especially for Asia-based clients whose legal system is civil law based and uniform throughout the country, the U.S.’s state...more

Your daily dose of financial news - The Brief – 6.17.16

by Robins Kaplan LLP on

Dealbook’s Strategies feature reviews the Fed’s latest non-move and suggests that the current bind in which the Fed finds itself is—at least in part—a problem of its own making....more

Important Developments in Canadian Merger Control and IP Matters

KEY TAKEAWAYS - The Competition Bureau (Bureau) has obtained a significant remedy in a merger between non-Canadian companies that was not notifiable in Canada. Parties to non-Canadian transactions must keep in mind that...more

2015 Year-End Securities Litigation and Enforcement Highlights

by BakerHostetler on

Welcome to the 2015 Year-End Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we...more

The EU Court of Justice Brings to an End Odile Jacob’s Fight Against Lagardère’s Purchase of Vivendi Universal Publishing

by McDermott Will & Emery on

By its judgment of 28 January 2016 (C-514/14 P, Editions Odile Jacob SAS v Commission), the European Court of Justice (Court) upheld the General Court of the European Union’s (GCEU) ruling with respect to each of the grounds...more

Buying a liquidated company’s assets? – Be wary of UK Merger Control

by Bryan Cave on

On the 16 December 2015, the Supreme Court overturned a decision of the Court of Appeal and held that the Competition and Markets Authority (CMA) had the power to subject the acquisition of the former SeaFrance Dover-Calais...more

Tools to Defend Against Securities Litigation Arising out of Cross-Border M&A Transactions

by Davis Wright Tremaine LLP on

Litigation following a merger involving publicly traded companies has become so commonplace in recent years that shareholder lawsuits challenging proposed mergers and acquisitions are frequently (and begrudgingly) referred to...more

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity

by DLA Piper on

The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the earliest opportunity, denying parties the right to raise those objections in a subsequent challenge to the...more

Potential Cost Savers in German M&A Transactions – Practical Experience with Notary’s Fees

by McDermott Will & Emery on

International investors with corporate transactions in Germany are often surprised to learn that significant costs can be incurred by a German notary as part of a normal corporate transaction. The involvement of a German...more

"EU Nonmerger Antitrust Enforcement Gets Stricter"

Developments in the past year are likely to affect nonmerger antitrust enforcement in the European Union in 2015 and beyond. In addition to merger enforcement, antitrust activity in 2014 provided a number of interesting...more

The Ropes Recap: Mergers & Acquisitions Law News - January 2015

by Ropes & Gray LLP on

In this issue: - News from the Courts - Delaware Supreme Court Clarifies Fiduciary Duties in Sale Context and Overturns Judicial Imposition of Auction in Deal with Passive Market Check - Illinois Court...more

DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions

by Latham & Watkins LLP on

FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects. On November 7, 2014, the US Department of Justice (DOJ) issued its second and final...more

Delaware Supreme Court Endorses Change of Control Subject Only to a Post-Signing Passive “Market Check” and Overturns Chancery...

by Morrison & Foerster LLP on

On December 19, the Delaware Supreme Court overturned a Delaware Chancery Court decision that imposed a mandatory obligation on a target company to solicit alternative transactions for 30 days despite a prohibition against...more

Antitrust Matters - November 2014 (Global)

by DLA Piper on

EDITORIAL - Sitting at my desk in Washington, DC, I imagine myself being a business executive in Europe or Asia, trying to make sense of news reports that I regularly hear about United States courts and enforcement...more

DOJ’s Second Opinion Release of 2014: Is DOJ Evolving Away from the Halliburton Opinion Standard?

by Morrison & Foerster LLP on

The Department of Justice (“DOJ” or the “Department”) just issued its most recent FCPA Opinion Release, only the second in 2014. The Requestor, a publicly traded U.S. consumer products company, sought an opinion as to whether...more

"Japanese Acquirer Resolves Pension-Related Liabilities of US Subsidiary"

On November 4, 2014, Asahi Tec Corporation (Asahi), a Japanese corporation that acquired U.S.-based Metaldyne Corporation (Metaldyne) in 2007, announced a settlement of its long-running dispute with the Pension Benefit...more

2014 Autumn Review – M&A Legal Developments

by White & Case LLP on

We set out below a number of interesting English and European court decisions which have taken place and their impact on M&A transactions. This Insight looks at these developments and gives practical guidance on their...more

The Ropes Recap: Mergers & Acquisitions Law News - October 2014

by Ropes & Gray LLP on

In this issue: - Delaware Legislative Update - Amendments to DGCL Effective August 1, 2014 - News from the Courts - Additional Guidance on Kahn v. M&F Worldwide Corp. - Exculpation...more

Antitrust and Competition Newsletter - October 2014 (Global)

Recent U.S. Criticism of China’s Enforcement of Its Antitrust Laws Against Foreign Companies - For some time, many in the antitrust community have expressed concerns about how China is enforcing its antitrust laws...more

The Flawed Headcount Requirement on Schemes of Arrangement

by White & Case LLP on

A failed takeover of a Hong Kong-listed company has highlighted a weakness in English company law. On 16 June, a proposed take private by way of scheme of arrangement lapsed when the resolution to approve the scheme...more

"Opening shot" in negotiations: when does "without prejudice" protection apply?

by Allen & Overy LLP on

In Rochester Resources Ltd & ors v Leonid Lebedev & anr [2014] EWHC 2185 (Comm), 2 July 2014, the High Court found that a draft set of Particulars (a Complaint), produced in advance of U.S. Litigation and sent to the other...more

Cross-Border Mergers: A Matter of Interpretation

by Faegre Baker Daniels on

The Companies Court has considered whether it is necessary for shares or other securities to be transferred between group companies as consideration for cross-border mergers in the recent landmark case of Re Olympus UK Ltd...more

First Circuit Rejects Equitable Tolling In Class Action Arising Out Of Plant Closing

by BakerHostetler on

A luggage plant in France closes in 2007, so a class action suit for French post-termination benefits is brought against a former investor in Massachusetts in late 2011? Former Justice Souter joins the majority in the First...more

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