Mergers & Acquisitions Updates

Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:
News & Analysis as of

Avoiding Post-Closing Surprises after an Acquisition

Growth is a goal of nearly every company, and mergers and acquisitions are one vehicle to make growth happen. When it comes to M&A, the last thing you want is an unexpected dispute after signing on the dotted line. ...more

PE investments into oil and gas in the low oil price environment

Over the past 24 months, the low oil price environment has led to increased interest in the hydrocarbon sector from private equity investors. However, this has not translated into the anticipated avalanche of PE investments...more

Key Takeaways: Use of Stichtings as an M&A Defence Measure; Contrasting English and Delaware Law

Skadden and Erskine Chambers recently hosted a series of comparative corporate law events in conjunction with the University of Pennsylvania Law School; Queen Mary University of London School of Law; New York University...more

Merging Companies Tesla and SolarCity Among Entities Advocating Wider Role for Electric Storage Resources in RTO and ISO Markets

In early August, Tesla Motors Inc., a manufacturer of advanced electric vehicles and battery energy storage systems, announced a deal to buy SolarCity Corporation, a developer of distributed energy resources, particularly...more

Antitrust-Related Recent Developments: FTC/DOJ Aggressive Merger Enforcement Continues

The Federal Trade Commission and Department of Justice have continued their aggressive stance against proposed mergers that the antitrust agencies perceive as harmful to competition. So far this year, the FTC obtained a...more

Your daily dose of financial news - The Brief – 9.22.16

As most expected, the Fed held rates steady yesterday. Though its divided FOMC and Chair Yellen’s comments about an improving economy seem to portend a rate hike before the end of the year....more

Minority shareholdings: New competition law issues?

New competition law issues with respect to minority shareholdings? A topic that recently became prominent in the competition law community and beyond is whether so-called “common ownership” may have a negative effect on...more

[Webinar] Hotel Liquor Licensing - September 27th, 10:00am PST

Join DWT Partner Matt LeMaster and Associate Jeff Giametta for this webinar where they will provide practical advice for dealing with the ins and outs of retail and hotel liquor licensing, including acquisition diligence,...more

Your daily dose of financial news - The Brief – 9.20.16

The hits just keep on coming for Wells Fargo, who now is facing questions about its failure to prime the market for news of its $185 million SEC settlement earlier this month. The main concern with that tack is that Wells...more

Stryker’s String of Acquisitions Continues with Ivy Sports Medicine

PRNewswire reports that Stryker‘s Endoscopy division has acquired Ivy Sports Medicine for an undisclosed amount. According to the press release, Ivy Sports Medicine’s portfolio includes: the only FDA-approved collagen...more

Healthcare & Life Sciences Private Equity Deal Tracker: Pharos Capital Acquires Controlling Stake in TechLab

Pharos Capital Group has announced it has acquired a controlling position in TechLab. Pharos is acquiring its stake from Alere and TechLab’s founders, who will remain with the company and maintain a minority investment....more

Competition News September 2016

By a controversial decision, the Constitutional Council ruled that so-called “simple” investigations comply with the constitution - The investigation services of the French Competition Authority made several requests for...more

Your daily dose of financial news - The Brief – 9.19.16

Gretchen Morgenson and Fair Game have had a few days to reflect on the Bayer/Monsanto deal, and with that little bit of hindsight (and a lot of history), she’s not too sure that Bayer’s stockholders are going to be thrilled...more

Capital Acquisition Brokers: New Category of Broker-Dealers Provides Limited Relief for Some Investment Banking Boutiques

The SEC recently approved a set of FINRA rules which creates a new category of broker-dealers known as Capital Acquisition Brokers or CABs. The rules were originally proposed in 2014 and will go into effect on the date set...more

Hot Topics in Oil and Gas Restructurings, Volume 4

Apache Corp., a Houston-based oil and gas exploration company, recently announced a discovery that some in the oil and gas industry are dubbing a potential find of historic magnitudes. Last week, Apache’s chief executive...more

This Week in FCPA-Epiode 22, the Jimmy Garappolo edition [Video]

In this episode Jay Rosen and I discuss: 1. Harris Corp, China-business unit head settles FCPA matter, for the SEC Cease and Desist Order; 2. Wells Fargo fraudulent accounts scandal; 3. Telia reports $1.4bn demand to...more

Groundwork for an M&A Exit – Due Diligence Topics

Selling the company involves a lot of time and effort for management, but there are a few things you can do to get ready for a sale to improve the speed and reduce somewhat the pain of the process. Below are tips on...more

Nestlé Continues Medical Industry Expansion

Nestlé Health Science S.A. recently announced that it will acquire Manchester, England-based Phagenesis Ltd. in a staged acquisition. Nestlé Health Science S.A., a subsidiary of Nestlé S.A., is the owner of more than a...more

Court Relies on DCF Valuation to Appraise Private Company

In an appraisal proceeding under Section 262 of the Delaware General Corporation Law, the Delaware Court of Chancery determines the "fair value" of a company's "shares exclusive of any element arising from the accomplishment...more

Inbound M&A in Japan: On the Rise

Japan is rapidly shedding its reputation as a country and economy closed off to foreign investment—and M&A dealmakers have been at the forefront of the inbound transaction resurgence....more

FRAUD IN PRIVATE EQUITY PORTFOLIO COMPANIES [Video]

Recently, The Deal’s Rhonda Schaffler spoke with Jeremy I. Levy, an attorney in the corporate and securities practice at Pepper Hamilton, about allegations of fraud in private equity portfolio companies. Current law puts the...more

Your daily dose of financial news - The Brief – 9.15.16

The Committee on Capital Markets Regulation—a nonprofit that represents execs from many of the US’s largest banks—will release a paper today arguing that the Fed illegally sidestepped the APA by adopting “central parts of its...more

Taming the Bull Rider: Chancery Court Reining in Mootness Fee Awards in Merger Litigation

Last month, the Delaware Chancery Court drastically reduced – from $275,000 to $50,000 – a mootness fee award requested by plaintiffs’ counsel in a lawsuit challenging the merger between PayPal and Xoom Corporation, finding...more

Your daily dose of financial news - The Brief – 9.14.16

Following news of Starboard Value’s plan to shake things up at Perrigo, we have this take from Breakingviews, which suggests that fending off a hostile takeover (as Perrigo did from Mylan) tends to “make fertile turf for an...more

Tax Considerations for BDC Consolidation Transactions [Video]

In this video, Dechert tax partner Jeffrey S. Sion examines several important tax considerations related to business development company (BDC) consolidation transactions, including the pros and cons of taxable and tax-free...more

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