Mergers & Acquisitions, Civil Remedies, Finance & Banking

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

by Henry Chen, Frank Schoneveld | McDermott Will & Emery on 4/17/2013

China’s Ministry of Commerce recently issued two new draft regulations. The first provides a wider range of potential remedies to obtain the clearance of a concentration (e.g., a merger, acquisition, joint venture, etc.);...more

Growth Equity: Who is in Control?

by Matthew Stewart | Fenwick & West LLP on 2/25/2013

As I discussed in an earlier article, growth equity (or growth capital) resides on the continuum of private equity investing at the intersection of venture capital and control buyouts. Growth capital is designed to facilitate...more

Beware of Hidden Pension Liabilities in Corporate Transactions

by Mark Newton | Heenan Blaikie LLP on 1/14/2013

In a recent court case in British Columbia, employees who transferred employment as part of a corporate transaction were awarded monetary damages on account of lost pension benefits: Kerfoot v. Weyerhaeuser Company 2012 BCSC...more

Rogers Towers: Fair Debt Collection Practices Act (FDCPA): Applicable to Institutions that Acquire Loans from the FDIC?

by Scott J. Kennelly, Janet C. Owens | Rogers Towers on 12/28/2012

In the wake of bank failures, some institutions have acquired failed bank assets, including loans, from the Federal Deposit Insurance Corporation. Such institutions should exercise caution when collecting on consumer loans...more

Confidentiality Agreements Matter – Three Recent Cases Impacting Private Equity Transactions

by Morrison & Foerster LLP on 7/18/2012

SUMMARY OF THE CASES A confidentiality agreement (“CA”) is typically the first negotiated document in a purchase transaction. These agreements are often negotiated by junior members of the transaction team prior to one...more

Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority

by McDermott Will & Emery on 5/23/2012

The main developments in antitrust are: 1. Merger Control (Art. 5-bis); From 1 January 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined...more

M&A and Private Equity Update

by Akerman Senterfitt on 5/23/2012

This year’s edition reflects relative consistency of national trends with the prior year. While aggregate transaction activity nationally in 2011 was only marginally higher than in 2010, we are pleased that our clients...more

Alleged Financial Distress Insufficient to Support Grant of Preliminary Injunction

by Katten Muchin Rosenman LLP on 7/19/2011

The Delaware Court of Chancery denied a request for a preliminary injunction, finding that allegations of "financial distress" failed to demonstrate the imminent, irreparable harm required to obtain immediate injunctive...more

The Del Monte Decision: Court Finds Likely Breach of Fiduciary Duties by Board Arising from Actions by Financial Advisor;...

by Morrison & Foerster LLP on 4/29/2011

In litigation over the $5.3 billion LBO of Del Monte Foods Company, the Delaware chancery court postponed for 20 days the shareholder vote on the buyout and prohibited the sponsor group during the postponement from exercising...more

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Mergers & Acquisitions › Civil Remedies › Finance & Banking

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

Growth Equity: Who is in Control?

Beware of Hidden Pension Liabilities in Corporate Transactions

Rogers Towers: Fair Debt Collection Practices Act (FDCPA): Applicable to Institutions that Acquire Loans from the FDIC?

Confidentiality Agreements Matter – Three Recent Cases Impacting Private Equity Transactions

Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority

M&A and Private Equity Update

Alleged Financial Distress Insufficient to Support Grant of Preliminary Injunction

The Del Monte Decision: Court Finds Likely Breach of Fiduciary Duties by Board Arising from Actions by Financial Advisor;...

“Sunshine is the Best Disinfectant”: A Financial Advisory Update

Delaware Court Enjoins Merger Vote Citing Conflicts of Interest of Financial Advisor

In re Del Monte Foods Company Shareholders Litigation

Who’s Looking out for the Little Guy? Delaware Chancery Court – that’s who!

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