Mergers & Acquisitions Updates

Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:
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Making The Merger Review Process More Efficient, P.1

One of the hurdles business must deal with in moving forward with a merger agreement is the merger review process. We have previously spoken about this process and some of the difficulties businesses can face in complying...more

Don't believe the hype

Fiduciary assets may not be the most obviously attractive business units within financial services, but steady profits and the opportunity for consolidation are enough to keep financial sponsors interested. Some of the...more

Corruption and the Closing Table: How Much Diligence is Due?

It is 2016 (almost). We all have heard about corruption – outrageous tales of money changing hands to enable access to new markets in under-regulated parts of the world, or payments for access to foreign ports, expediting the...more

A new alternative

Traditionally, private equity investors kept their distance from the financial services sector due in part to its complexity, high capital requirements and a heavily regulated environment. The banking collapse in 2008,...more

FCPA Compliance and Ethics Report-Episode 214-Felipe Sousa [Video]

In this episode I visit with Brazilian journalist Felipe Sousa on his observations about the current state of anti-corruption compliance in Brazil and the ongoing Petrobras scandal....more

Financial institutions M&A: How financial sponsors are changing the landscape in Europe - Is current interest in financial...

Financial sponsor activity in European financial services M&A has never been stronger. According to Mergermaket, during the first ten months of 2015, private equity buyouts accounted for 20 percent of all European M&A...more

A pan-European opportunity

Many commentators consider that the growing trend of financial sponsor investment in financial services is limited to a handful of countries in Europe. Deal data, however, show that investors with an appetite for banks and...more

Your daily dose of financial news The Brief – 11.24.15

The Pfizer/Allergan deal continues to dominate the financial world, with Pfizer’s CEO defending the merger and Washington searching for ways to reform the corporate tax code and prevent future tax-motivated corporate...more

New M&A Proxy Statement Unbundling Guidance

After a decade of inattention, the SEC staff has recently sought to clarify the still-murky proxy statement unbundling rule. First came three C&DIs issued back in January 2014 (see this Doug’s Note). Then just weeks ago, the...more

Health Care E-Note - November 2015

With medical device related acquisitions at all-time highs, and regulatory interest intense from the Federal Trade Commission, the Food and Drug Administration, the Securities and Exchange Commission, and the Office of...more

Your daily dose of financial news The Brief – 11.23.15

Clocking in at an as-promised $150 billion, the Pfizer/Allergan merger is a done deal, marking one of the biggest ever takeovers in the health care industry. As mentioned here last week, the deal finalization comes on the...more

Tackling Cybersecurity in the Boardroom: Special M&A Considerations

During Akin Gump Strauss Hauer & Feld LLP’s most recent cybersecurity event, “Tackling Cybersecurity in the Boardroom,” hosted on November 12, 2015, our panels discussed a number of issues facing directors....more

Supreme Court of Canada to Hear Tax Rectification Case

On November 19, 2015, the Supreme Court of Canada granted leave to appeal in Canada (A.G.) v. Groupe Jean Coutu (PJC) inc., 2015 QCCA 838, which addresses the question of when rectification will be granted in the tax context....more

M&A Update: Treasury Announces Second Anti-Inversion Notice

On November 19, 2015, Treasury issued Notice 2015-79 (the “Notice”), which announces Treasury’s intent to issue regulations reducing the tax benefits available to inverted groups and making it more difficult for some U.S....more

Your daily dose of financial news The Brief – 11.19.15

NY state regulators have tagged Barclays with an extra $150 million in fines for its role in a Forex-manipulation scandal that’s already cost the bank $2.4 billion – NYTimes and Law360... As expected, the minutes from...more

SEC Settles Insider Trading Case With Admissions

A critical question in insider trading cases currently being brought is whether there are sufficient facts to comply with the Newman personal benefit test – at least if the case is in the Second Circuit. While in many...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Portugal

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Pursuant to the Portuguese Employment Code, there is a transfer of an undertaking when there is a change of ownership of an undertaking or...more

Global merger control: Charting a route to port

As investors scour the world for growth, regulators are placing cross-border deals under ever greater scrutiny, and a new regulatory world order is emerging. Understanding it is essential. Merger control: Getting your...more

California Amends LLC Law, Eases Lender Obligations

Why it matters - Earlier this month, California Governor Jerry Brown signed into law Assembly Bill 506, a measure that amended the state's Revised Uniform Limited Partnership Act, making it easier for lenders to make...more

FCPA Compliance and Ethics Report-Episode 213-Carlos Ayres on the Brazilian Clean Companies Act [Video]

In this episode I visit with Trench, Rossi partner Carlos Ayres. We discuss the recent guidance released on the Brazilian Clean Companies Act and the current state of anti-corruption compliance in Brazil. ...more

Areas of Unique Legal Concerns and Solutions in Device M&A

With medical device related acquisitions at all-time highs, and regulatory interest from the Federal Trade Commission, the Food and Drug Administration, the Securities and Exchange Commission, and the Office of Inspector...more

FCPA Compliance and Ethics Report-Episode 212-Stephen Martin on DOJ Compliance Counsel Metrics [Video]

In this episode, I visit with Baker and McKenzie partner Stephen Martin on the recently released metrics which the new DOJ Compliance Counsel will use to evaluate corporate compliance programs under and its implications for...more

Lessons to keep in mind for your next complex global deal

Antitrust assessment by regulators around the world is becoming increasingly more complex and less predictable. And with global M&A activity approaching boom levels, companies need to plan carefully when preparing for their...more

"SEC Staff Issues Revised Guidance on Unbundling of Shareholder Votes in M&A Deals"

The staff of the U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (Staff) recently published revised guidance regarding the "unbundling" of matters presented for shareholder votes in connection...more

Second Circuit Upholds Common-Interest Privilege for Borrower’s Sharing of Legal Advice with Consortium of Lenders

The Second Circuit held last week that a borrower did not waive the attorney-client privilege by providing documents to a consortium of lender banks that shared a common legal interest with the borrower in the tax treatment...more

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