M&A activity in 2023 was subdued, as dealmakers grappled with geopolitical tensions, inflation, rising interest rates, and increasing regulatory scrutiny, against a backdrop of general economic uncertainty. Challenges in the...more
1/4/2024
/ Antitrust Division ,
Artificial Intelligence ,
Big Tech ,
California Consumer Privacy Act (CCPA) ,
CFIUS ,
Data Security ,
Economic Sanctions ,
EU ,
Export Controls ,
Foreign Investment ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
Horizontal Mergers ,
National Security ,
Popular ,
Shareholder Activism ,
State Administration for Market Regulation (SAMR) ,
UK ,
Vertical Mergers
On July 24, 2020, the Court of Chancery in Delaware rejected defendant Centene Corporation’s broad document requests and third-party subpoenas issued as part of a stockholder action to inspect books and records, but allowed...more
8/4/2020
/ Depositions ,
Discovery ,
Document Productions ,
Evidence ,
Fiduciary Duty ,
Healthcare ,
Investigations ,
Prisoners ,
Stock Ownership ,
Subpoenas ,
Third-Party
On January 13, 2020, the Delaware Court of Chancery (Laster, V.C.) ordered AmerisourceBergen Corp. to turn over formal board materials to stockholder plaintiffs regarding its compliance with laws and regulations relating to...more
On January 29, 2019, the Delaware Supreme Court (Strine, C.J.) addressed when stockholders may be able to access company emails as part of a books and records inspection demand. It also weighed in on when the Court of...more
As discussed in a prior client alert, on October 1, 2018, the Delaware Court of Chancery upheld a buyer’s termination of a merger agreement and found that the target had suffered a material adverse effect (“MAE”). Following...more
The frequently cited axiom of M&A litigation that no Delaware court has ever found a material adverse event (MAE) is no longer true. On October 1, 2018, the Court of Chancery (Laster, VC) ruled in favor of a buyer that had...more