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Acquisition Agreements

Cooley LLP

Cooley’s 2026 Year Ahead for Life Sciences M&A: Competition and Creativity in a Dynamic Environment

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This time last year, we wistfully remarked that M&A activity in the life sciences sector had decided to slim down and join the GLP-1 trend. Since then, dealmakers in the space have discovered their appetite again – and then...more

Sheppard Mullin Richter & Hampton LLP

Third Circuit Holds that the “Best Price Rule” Does Not Apply to Tendered Shares Subject to Self-Imposed Transfer Restrictions

In Abramowski v. Nuvei Corp., No. 24-3156, 2026 WL276766 (3d Cir. Feb. 3, 2026), the United States Court of Appeals for the Third Circuit held in a case of first impression that the United States Securities and Exchange...more

Gallagher

Reps and Warranties Insurance Limits: Rethinking the 10% Rule

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"How much limit should we buy?" This is a perennial question in the world of reps and warranties insurance (RWI). For years, the shorthand answer has been 10% of enterprise value. But as with many rules of thumb, it's worth...more

Hogan Lovells

Shareholder activism in 2025 – Global trends and insights into key markets

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In this article, we offer an overview of the evolving landscape – covering last year's drivers for activism (from M&A, capital allocation and governance, to the changing role of ESG) as well as institutional investors. With...more

The Volkov Law Group

The Tilt Toward Corporate Voluntary Disclosures

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Companies often face difficult choices when it comes to deciding on whether to disclose corporate misconduct to the government. Over the years, more counsel have embraced the idea of sitting tight after uncovering and...more

McDermott Will & Schulte

Illinois lawmakers seek to expand scope of AG healthcare transaction review

On February 4 and 5, 2026, Illinois lawmakers introduced parallel bills (House Bill (HB) 5000 and Senate Bill (SB) 3463) that would amend Illinois’ healthcare transaction reporting framework to broaden the types of...more

McDermott Will & Schulte

New York governor proposes changes to healthcare transaction rules

On January 20, 2026, New York Governor Kathy Hochul introduced legislation that would significantly modify New York’s material transaction notice requirements for certain healthcare transactions....more

Farella Braun + Martel LLP

Unlocking Value in a Middle Market Rebound

The 2025 mergers and acquisitions (M&A) landscape showed a robust resurgence at the megadeal level, and many are hopeful that current macroeconomic tailwinds will give a much-needed jolt to middle market M&A in 2026. This...more

Offit Kurman

M&A Nuggets: How to Avoid Hairline Fractures in M&A Deals

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In medical parlance, a hairline fracture of the bone is caused by stress that can result from trauma, is painful, and curtails activity. Hairline fractures can also arise during an M&A transaction and are important to avoid....more

Mogin Law LLP

“Jane! Stop this Crazy Thing!” Artificial Intelligence Antitrust Questions Get Extraterrestrial.

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SpaceX’s acquisition of xAI, valued at approximately $1.25 trillion, represents one of the most consequential mergers ever announced in the technology and aerospace sectors....more

Mayer Brown

Delaware Law Alert: Delaware Case Applying Indemnification Materiality Scrape Creates Risks for the Unwary

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In a recent post-trial opinion, the Delaware Superior Court, applying a representations and warranties materiality scrape under an M&A purchase agreement indemnification provision, held that the seller breached its absence of...more

Dickinson Wright

Just Another NDA? Why M&A Confidentiality Agreements Are Different

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When it’s time to finally sell your company or if you’re exploring a potential acquisition target, one of the first documents you will encounter is the confidentiality agreement or non-disclosure agreement (“NDA”)....more

Baker Botts L.L.P.

EU Foreign Subsidies Regulation: Commission Publishes FSR Guidelines – Key Implications for M&A

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On 9 January 2026, the European Commission (“Commission”) published its first set of Guidelines on the application of the Foreign Subsidies Regulation (“FSR”), which requires some M&A deals involving companies that have...more

McGuireWoods LLP

Lessons for Life Sciences Dealmakers: Earnout Language Controls, Efforts Agreements Have Teeth, Court Says

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The Delaware Supreme Court’s Jan. 12, 2026, decision in Johnson & Johnson v. Fortis Advisors provides important insights for buyers who use earnouts in structuring their acquisitions, a common approach in life sciences M&A....more

Cooley LLP

Cooley’s 2025 Tech M&A Year in Review: Tech M&A Revival – Big Deals Keep on Turnin’

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Despite early macro-headwinds, tech dealmakers were active in 2025, anchored by strategic acquirers making decisive moves to improve their positioning in a rapidly changing market environment and private equity sponsors...more

K&L Gates LLP

Australia’s New Mandatory and Suspensory Merger Regime: A Snapshot

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From 1 January 2026, parties to acquirers of shares or assets in Australia (or affecting Australia) must notify the Australian Competition and Consumer Commission (ACCC) if the acquisition satisfies certain monetary and...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Reaffirms Importance of Objective, Contextual Contractual Interpretation

In Project Freeway Inc. v. ABC Technologies Inc. (Project Freeway), the Court of Appeal for Ontario reaffirmed the importance of objective, contextual contractual interpretation when faced with ambiguous wording. Courts will...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Year, New Political Law Trends

As we enter a new election year, we thought it would be helpful to point out some notable trends and developments in political engagement and their impact on political law risks. Below are some, but not all, of those trends....more

McDermott Will & Schulte

A window into the latest EU and UK antitrust M&A activity: Clearance trends and CMA remedies

The fourth quarter of 2025 underscored evolving merger control frameworks in the European Union and United Kingdom, marked by greater flexibility, streamlined processes, and pragmatic enforcement....more

McDermott Will & Schulte

Global M&A trends: 3 notable Q4 2025 cases out of the US and UK

Merger control authorities remained active in Q4 2025, reviewing transactions across the healthcare, manufacturing, and consumer goods sectors. In the United States, courts and regulators issued rulings in cases involving...more

McDermott Will & Schulte

5 lessons learned from US litigation wins/losses in 2025

2025 proved to be a challenging year in court for the Federal Trade Commission (FTC), as it was unsuccessful in challenging the Tempur Sealy/Mattress Firm acquisition, the GTCR/Surmodics acquisition, a decade-old Meta...more

Offit Kurman

Rethinking the Early Exit: How Gen X and Millennial Owners Are Selling Smarter in 2026

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While much of the exit-planning conversation has centered on Baby Boomers approaching retirement, Millennial and Gen X founders are also a growing segment of today’s middle-market sellers....more

Haynes Boone

Delaware Supreme Court Affirms D&O Coverage for Settlement of Post-M&A Shareholder Litigation and Limits Scope of “Bump-Up’’...

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On Jan. 27, 2026, in Illinois National Insurance Co. v. Harman International Industries, Inc. (“Harman”), the Delaware Supreme Court issued a notable, pro-policyholder decision addressing the scope of directors and officers...more

A&O Shearman

Top 10 EU regulatory milestones to watch in 2026

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The Top 10 EU regulatory milestones to watch in 2026 highlights upcoming EU regulatory developments relevant to M&A and project financing. It aims to help businesses and investors anticipate how forthcoming changes may affect...more

Pillsbury - Propel

Five Preventable Mistakes That Can Derail Your Exit

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Let’s talk about face tattoos. Not the “bad choice in Vegas” kind. The ones you don’t see until due diligence—and by then, they’re hard to laser off. ...more

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