Acquisitions Mergers

News & Analysis as of

Outlook: Four key trends that will drive future fintech M&A

Fintech has matured. As it has evolved, so has the way in which financial institutions approach it from an M&A perspective. Financial institutions that initially viewed fintech startups as threatening competitors now...more

Negotiate at the Next Level

Most, if not all, YPOers have had many occasions to test their negotiation skills. Whether buying a competitor to fuel growth, handling a delicate balancing act with a key customer or a trade union, or simply working with a...more

A view from Brussels: Margrethe Vestager - half-way through her mandate

Margrethe Vestager has now been in office as European Commissioner for Competition for two years, and is effectively at the half-way point in her mandate. This is an appropriate time to evaluate her record so far and to...more

"FTC and DOJ Announce HSR-Related Changes"

On November 28, 2016, the Premerger Notification Office of the Federal Trade Commission (PNO) and the Antitrust Division of the Department of Justice (DOJ) both announced potentially important changes in the way the agencies...more

Fintech M&A: From threat to opportunity

Fintech has evolved from being a disruptive threat to a major opportunity for financial institutions. The possibilities for dealmaking and M&A are almost limitless. The financial services industry was never going to be...more

Aerospace and Defense Series: Trump Administration—Potential for Increased Antitrust Leniency for Vertical Transactions in the...

President-elect Donald Trump has called for a dramatic increase in defense spending including purchases of new ships and warplanes as well as the addition of tens of thousands of new troops. This increase in spending...more

European Competition Law Newsletter – December 2016

On 8 November 2016, the “Autorité de la concurrence” (French competition authority) provided a stark warning about the dangers of early implementation of a transaction prior to merger control clearance. This is one type of...more

Rule 504 Becomes Useful Tool for Smaller Capital Raising and M&A Transactions

On October 26, 2016, the SEC amended Rule 504 of Regulation D under the Securities Act of 1933 (the “Securities Act”) to increase the maximum amount of securities that may be sold thereunder in any 12-month period from $1...more

Alert: Forecast for Trump FCC: Deregulation with Chance of Media Concentration Review

The election of Donald Trump continues to raise questions about the potential direction of regulatory policies under his administration. While much of his campaign rhetoric focused on reducing regulation, he also suggested he...more

Getting the Deal Through — Electricity Regulation 2017: United States

1 Policy and law: What is the government policy and legislative framework for the electricity sector? No single government body sets government policy for the electricity sector. The federal government, which...more

Merger does not invalidate noncompete, nonsolicitation covenants

When corporate mergers and acquisitions take place, the parties frequently ask, “What is the effect on the acquired company’s contracts?” That was the issue in a case involving noncompetition and nonsolicitation covenants in...more

The French Competition Authority imposes record fine for gun jumping practices

On 8 November 2016, the French Competition Authority (FCA) published a press release announcing that it imposed a fine of EUR 80 million on the Altice Group (Altice Luxembourg and SFR Group) for implementing two transactions...more

National security reviews: A global perspective — Germany

The trend is towards higher scrutiny of inbound transactions by the Federal Ministry for Economic Affairs and Energy. Generally, German law provides for a liberal investment climate and only very limited restrictions on...more

Competition Law: Merger Clearance in Australia

Australia has a voluntary premerger notification regime, administered by a well-resourced and proactive antitrust authority, the Australian Competition and Consumer Commission (the ACCC). The ACCC's Merger Guidelines...more

National security reviews: A global perspective — Australia

Australia requires a wide variety of transactions involving foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the...more

Manatt Digital - November 2016

Video Content Consumption (Then and Now) - It’s no secret that the digital-content-consumption landscape is evolving and at an increasingly rapid clip. One byproduct of this ongoing progression is that oftentimes...more

Even Merging Parties Found Largely Overseas May be Subject to the Broad Reach of CFIUS Jurisdiction

According to a press release issued on November 21, 2016, the Committee on Foreign Investments in the United States (CFIUS) refused to approve the proposed $710 million acquisition of technology company Aixtron GE of Germany...more

Blog: Treatment of M&A Non-solicits and Employee Comp Diligence Under New Antitrust Guidelines

Last month, the FTC and DOJ issued a set of antitrust guidelines addressing certain employment and compensation practices that are most likely to occur in the high-tech and healthcare industries where highly-skilled employees...more

Chinese Investment in the United States – Prospects for the Trump Presidency

An important thing for people interested in U.S.-China commercial and financial relations to consider in connection with Donald Trump’s victory in the presidential election on November 8, 2016 is that no one can know with...more

Highlights from McDermott’s 2016 Pharmaceutical/Medtech Dealmaking Symposium

On October 25, 2016, McDermott Will & Emery held its fifth annual Pharmaceutical/Medtech Dealmaking Symposium in Cambridge, Massachusetts. The day consisted of a series of thought-provoking panels with leading dealmakers in...more

New Tender Offer CDIs Issued by SEC’s Office of Mergers and Acquisitions

The SEC’s Division of Corporation Finance staff issued seven Tender Offers and Schedules C&DIs on November 18th in relation to aspects of the tender offer rules under Regulations 14D and 14E. As administered by the Division’s...more

The End of Disclosure-Only Settlements in Securities Class Actions?

After nearly a decade of prominence, disclosure-only settlements may be going extinct. These settlements occur in class action cases arising from the announcement of a merger or acquisition. The plaintiff class alleges that...more

"Recent Opinions Highlight Different Appraisal Valuation Methods Employed in Merger Transactions by Delaware Courts"

There is a general perception that statutory appraisal challenges have been on the rise over the past several years. The Delaware Court of Chancery has issued a number of opinions during that time that use the merger price...more

Reducing M&A risks related to national security reviews

As national security reviews grow in impact, investors need to be mindful of potential adverse consequences resulting from such reviews International M&A deal advisors are acutely aware of the growing impact of national...more

"Two Court of Chancery Deal Litigation Decisions Provide Helpful Guidance"

Chelsea Therapeutics: Post-Closing Bad Faith Claim a ‘Rare Bird’ in Delaware Absent Allegations of Self-Interestedness or Lack of Independence - In In re Chelsea Therapeutics International LTD Stockholders Litigation,...more

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