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Mergers & Acquisitions General Business

Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:
Cadwalader, Wickersham & Taft LLP

Delaware Court Refuses to Enforce Earn-Out Condition Allegedly Frustrated by Buyer

On February 10, 2026, the Delaware Superior Court issued a notable decision in Monica, et al. v. Delta Data Software, Inc., addressing the treatment of earn-out conditions where post-closing conduct allegedly affects whether...more

A&O Shearman

Antitrust Authorities Target Both Exploitative And Exclusionary Abuses Of Dominance

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In Europe, abuse of dominance fine volumes stayed steady in 2025 as antitrust authorities imposed financial penalties and crafted tailored commitments to remedy concerns. Globally, there was continued scrutiny of Big Tech. ...more

Akin Gump Strauss Hauer & Feld LLP

Key Trends and Developments from the Bond Markets During 2025: What Directors Need to Know

In the current uncertain economic environment, navigating complex capital and credit market conditions has become a core pillar of effective corporate stewardship. Boards of directors (responsible for enterprise-wide risk...more

A&O Shearman

EC Launches Consultation On Private Equity Exits

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The European Commission (EC) has launched a consultation seeking feedback on obstacles faced by private equity investors when exiting investments in EU private companies and on potential ways to address these obstacles. The...more

Fenwick & West LLP

CLE Takeaways: Navigating the Complexities of a Merger of Equals

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For companies contemplating a Merger of Equals (MOE), especially chief legal officers and other senior executives, understanding the unique dynamics of this transaction type is critical. ...more

Morrison & Foerster LLP

Nonsolicits Join Noncompetes in Coming Under Increasing Scrutiny in Delaware Courts

Delaware courts continue to apply increasing scrutiny to restrictive covenants, and recent decisions make clear that nonsolicitation provisions are no exception, even in the context of the sale of a business. In a recent...more

Fox Rothschild LLP

Duke Energy Hails $1 Billion in Savings With Merger of Two Carolina Utilities

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A proposed merger that would combine Duke Energy's two Carolinas utilities into a single entity is gaining momentum — but not without challenges. Duke Energy Carolinas, LLC (DEC) and Duke Energy Progress, LLC (DEP) each...more

Thompson Coburn LLP

Building Repeatable Legal Infrastructure for Platform Acquisitions

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Private equity platforms create value through disciplined acquisition execution and effective integration. One of the most significant constraints on acquisition velocity is treating every add-on as a unique event requiring...more

McGuireWoods LLP

McGuireWoods Women’s Health Newsletter – March 2026: Regulatory and Transactional Developments

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The McGuireWoods Women’s Health Newsletter delivers information on the latest legal and regulatory developments affecting the women’s health industry. The publication provides timely analysis of legislative changes,...more

Ropes & Gray LLP

Safeguarding the Portfolio: Incident Readiness and the Cyber Landscape in 2026

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Last week, Ropes & Gray’s Data, Privacy and Cybersecurity team partnered with FTI Consulting to host a roundtable breakfast in London for privacy, compliance and IT leads from across the private equity industry....more

McDermott Will & Schulte

EU Industrial Accelerator Act: A new layer of investment control, industrial policy and strategic autonomy

The EU Industrial Accelerator Act IAA will significantly reshape deal structuring and operations in strategic sectors, requiring early assessment of foreign investment constraints, governance and IP arrangements, and...more

Ropes & Gray LLP

SEC Staff Updates Guidance on Rule 701 Offering Exemption, Ineligible Issuer Status, and Smaller Reporting Company Status

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On March 6, 2026, the staff of the SEC’s Division of Corporation Finance issued new and revised Compliance & Disclosure Interpretations (C&DIs) primarily addressing (i) exemptions for offers and sales of securities pursuant...more

Katten Muchin Rosenman LLP

Top Three Legal Considerations for Family Business Owners Preparing for a Sale - The Great Wealth Transfer: Strategies for...

As the "Great Wealth Transfer" unfolds, family business owners face critical legal decisions in connection with a sale transaction that can determine whether a deal closes smoothly or is derailed as a result of preventable...more

Littler

Delaware Affirms Adequacy of Equity Awards as Non-Compete Contract Consideration Despite Forfeiture

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In early February 2026, the Supreme Court of Delaware issued a very important and potentially far-reaching decision, finding equity awards that are later forfeited or clawed back can constitute adequate consideration for...more

Mayer Brown

M&A Discovery in the AI Era: Generative AI Communications and Outputs May Become Litigation Ammunition

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The rise of AI use in deal processes, whether for analyzing term sheets, summarizing due diligence findings, or identifying mark-up issues, creates an emerging category of potentially discoverable evidence. No practitioner...more

Fox Rothschild LLP

Got an LOI that Extols Close Cooperation Among the Parties? Make Sure the Surviving Agreement Says it Too.

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The journey from a Letter of Intent to a final agreement is often perilous, with the parties’ discussions and intentions wrangled by lawyers and company executives to memorialize deals with merger clauses. In Apex Health,...more

J.S. Held

AI as IP™ Framework: A Practical Guide for SMEs to Classify, Protect, and Monetize AI Assets

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Artificial Intelligence (AI) serves as a double-edged sword, presenting economic risks and the potential to disrupt and harm various industries, while simultaneously enabling significant innovation and growth across many...more

Orrick, Herrington & Sutcliffe LLP

The Orrick Guide to Foreign Investment Reviews | 2026 Update

Welcome to the 2026 Orrick Guide to Foreign Investment Reviews. In light of increased geopolitical tensions, the worldwide regulatory landscape for foreign investment review continues to evolve rapidly. Across the globe, ever...more

Fenwick & West LLP

SEC CDI Updates for March 2026

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On March 6, 2026, the SEC released updated Compliance and Disclosure Interpretations (CDIs) related to Rule 701, Rule 405, CIK codes, and smaller reporting company (SRC) status. Key takeaways are summarized below....more

Morgan Lewis

California Becomes Latest State to Enact Broad ‘Mini-HSR’ Act

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California Governor Gavin Newsom recently signed into law Senate Bill 25 (SB 25), which will require certain deal parties who submit premerger filings to the US federal government under the Hart-Scott-Rodino (HSR) Antitrust...more

Orrick, Herrington & Sutcliffe LLP

FERC Confirms No Grace Period to Submit QF Recertifications: Ownership Changes Can Trigger Refund Exposure

In a recent order, the Federal Energy Regulatory Commission (FERC) confirmed its recent policy to require owners of qualifying small power production and cogeneration facilities (each, a QF) to immediately update their Form...more

DarrowEverett LLP

Understanding Excess Parachute Payments: A Guide to Section 280G for Executives and Selling Shareholders

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When a company is sold, senior executives and key personnel often stand to receive significant payments, such as transaction bonuses, accelerated equity vesting, severance, and earnout participation....more

Foley Hoag LLP

M&A: Preparing for a Sale

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Key Takeaways: Early Planning and Governance: A successful sale requires assembling a core internal team of key executives early in the process, engaging experienced legal, accounting, and financial advisors, and ensuring...more

Foster Swift Collins & Smith

Selling a Business? IP Problems That Often Surface During the Diligence Phase

If you are preparing to sell your business, there is one part of the process that often catches founders by surprise....more

Ropes & Gray LLP

Hot Topics in Sports Investing: Private Equity, NIL, and Emerging Opportunities

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In coordination with the Sports Lawyers Association, on Tuesday, March 3rd, Ropes & Gray partners Erica Han and PJ Sullivan joined Tamika Tremaglio, Managing Director at Secretariat Advisors and former Executive Director of...more

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