News & Analysis as of

Change in Control

Holland & Knight LLP

Rhode Island Enacts Transaction Notice Requirements for Medical Groups

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After unveiling a series of healthcare-related proposals aimed at providing "immediate relief and long-term solutions for Rhode Island's failing health care system" in 2025, Rhode Island Attorney General (AG) Peter Neronha...more

Mayer Brown

Portability in Private Credit (Europe)

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Portability provisions—which allow a sponsor to sell a portfolio company without the existing financing arrangements becoming due for repayment—are becoming an increasingly common feature of European private credit loan...more

Herbert Smith Freehills Kramer

Parameters For Undertaking A Placement of Shares To A Bidder During An M&A Transaction

In New World Resources Limited 02, the Takeovers Panel expressed concerns regarding a proposed placement of shares by a target company to a bidder. The Panel’s decision reiterates the need for target companies to take a...more

Partridge Snow & Hahn LLP

Massachusetts Court Rules Retention Bonuses Are Not Wages – Key Implications for M&A Transactions

On October 22, 2025, in Nunez v. Syncsort Incorporated, et al., the Massachusetts Supreme Judicial Court affirmed the decision of the Massachusetts appellate court (and consistent with the position of federal courts) that...more

Levenfeld Pearlstein, LLC

Is an ESOP the Right Exit Strategy? A Closer Look at Employee Ownership Transitions

As succession planning becomes a more pressing concern for closely held businesses, Employee Stock Ownership Plans (ESOPs) are increasingly part of the conversation. While not the right fit for every company, ESOPs offer a...more

FBT Gibbons LLP

Transfer Provisions and Emerging Trends in Commercial Real Estate Carveouts

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As mentioned in the inaugural post of The Carveout, non-recourse loans will include a non-recourse carveout providing protection for the lender in the event the transfer provisions in the loan documents are violated. The...more

Miller & Martin PLLC

5 Provisions to Carefully Negotiate as a Tenant in a Commercial Lease

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Lease agreements define the relationship between landlords and tenants. Whether you are a savvy business owner or a first-time tenant, a thoughtfully negotiated lease agreement is crucial to avoid negative impacts on your...more

Vinson & Elkins LLP

The Stabroek JOA Arbitration: Is It Time to Revisit JOA Change in Control Provisions?

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In the first in our series on JOA issues, we discuss the recent Stabroek JOA Arbitration decision and what it means for JOA parties considering their own JOA Change in Control provisions. Chevron Corporation’s (“Chevron”)...more

Bradley Arant Boult Cummings LLP

Executive Contracts: What’s Common and What to Look For

For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’...more

Herbert Smith Freehills Kramer

Delaware Supreme Court reverses acquirer’s aiding and abetting liability, setting high bar, following precedent set by its recent...

On June 17, 2025, the Delaware Supreme Court (Court), sitting en banc, reversed a Court of Chancery ruling that had held a bidder liable for aiding and abetting fiduciary breaches of the target’s management....more

Mayer Brown

ANTAQ Publishes New Guidelines on Transfer of Corporate Control in Port Contracts

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The Brazilian National Agency for Waterway Transportation (ANTAQ) published Resolution No. 128/2025 (RN 128/2025), revising the procedures for the transfer of corporate control under port authority concession contracts, lease...more

Dorsey & Whitney LLP

NYSE American Amends Shareholder Approval Requirements

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The NYSE American stock exchange requires a listed company to obtain shareholder approval prior to issuing shares pursuant to (i) stock-based compensation plans, (ii) certain acquisitions and change of control transactions,...more

Goodwin

Massachusetts Passes Comprehensive Revisions to Healthcare Transaction Notification Law with Significant Implications for Private...

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On January 8, 2025, Massachusetts Governor Maura Healey signed House Bill 5159 (H.5159), “An Act Enhancing the Market Review Process” (the “Act”), which, among other things, broadens the scope of the state’s existing...more

BCLP

Proxy Advisors Kick-Off the Holiday Season: Glass Lewis Releases ’25 Updates; ISS Seeks Feedback on Proposed ’25 Changes

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ISS and Glass Lewis generally publish changes to their proxy voting policies around this time of year. Glass Lewis recently issued its 2025 US Policy Guidelines listing changes and clarifications....more

Fenwick & West LLP

Glass Lewis Releases 2025 Benchmark Policy Guidelines

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Last Thursday, proxy advisory firm Glass Lewis released its 2025 Proxy Voting Policy Guidelines 2025 U.S. Benchmark Policy Guidelines, including guidelines for shareholder proposals and ESG-related issues. The guidelines...more

BakerHostetler

Return of the (Pro-Employer) Jedi: The NLRB Under a Second Trump Administration

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Early in his presidency, Joe Biden promised to be “the most pro-union President leading the most pro-union administration in American history.” ...more

Fenwick & West LLP

New Regulatory Challenges for Private Equity and Hedge Fund Healthcare Transactions: Understanding the Impact of California’s AB...

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California’s healthcare ecosystem may soon experience significant regulatory changes as Assembly Bill 3129 (AB 3129) heads to Gov. Gavin Newsom's desk for approval....more

Holland & Knight LLP

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

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Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality...more

Holland & Knight LLP

Proposed New York City Legislation Could Negatively Impact the Hotel Industry

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New York City's hotels are a critically important component of the city's tourism and business industries. However, on July 18, 2024, 26 members of the New York City Council introduced Int. 991-2024 (Int. 991) without meeting...more

Latham & Watkins LLP

FDIC Proposes Amendments to Its Change in Bank Control Act Regulations

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The proposal would establish stricter oversight of certain transactions and responds to concerns that large asset managers may be exerting influence on FDIC-supervised institutions. On July 30, 2024, the Board of...more

Holland & Knight LLP

New Bill Would Empower California AG to Curtail Healthcare Private Equity Transactions

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Earlier this year, California Assembly Speaker Pro Tempore Jim Wood and Attorney General (AG) Rob Bonta sponsored and introduced California Assembly Bill (AB) 3129, which would subject a large swath of healthcare transactions...more

BCLP

Q1 2024 UK Oil and Gas Sector Update

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The Energy Act 2023 (the “Act”) (in force as from 26 October 2023) amends model clauses contained in exploration and production licences to introduce requirements for consent to be obtained from the North Sea Transition...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula Podcast | Developments on the Horizon for the UK Change-in-Control Regulatory Regime

In this episode of “The Standard Formula” podcast, which focuses on Solvency II developments, Skadden partner Rob Chaplin is joined by colleague Olivier Peeters to discuss the U.K.'s change in control regime for insurers and...more

Nossaman LLP

Office of Health Care Affordability Adopts Final Cost and Market Impact Review Regulations for Health Care Transactions

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California’s new Office of Health Care Affordability recently adopted emergency regulations (“Final Regulations”) implementing the Health Care Market Oversight Program, required under California’s Health Care Quality and...more

Ervin Cohen & Jessup LLP

California Expands Requirements for Successor Grocery Employers

Effective January 1, 2024, California’s Assembly Bill 647 will expand recall rights for grocery workers when there is a change of control in a grocery establishment. Prior to AB 647, existing law required an incumbent grocery...more

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