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Competitive Bidding Acquisitions

Smith Anderson

Transferring Federal Government “Other Transaction” Agreements

Smith Anderson on

As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract...more

Barnea Jaffa Lande & Co.

Increasing the odds of winning in an insolvent Corporation auction

Acquiring an insolvent corporation’s operations during a legal proceeding (rehabilitation, recovery, or debt settlement) presents numerous business opportunities. However, the holding of an insolvency auction, an integral...more

Goodwin

Top 10 Questions About Bankruptcy Sales - A Primer on Sales Under Section 363 of the Bankruptcy Code

Goodwin on

A bankruptcy sale is an opportunity to potentially acquire assets at distressed pricing. A bankruptcy sale also presents prospective bidders with a level playing field to conduct due diligence, submit a bid, and compete...more

Lowenstein Sandler LLP

Maximizing R&W Insurance Claims

Lowenstein Sandler LLP on

Representation and warranty insurance has changed the M&A market. The popularity of reps and warranties (R&W) insurance—which provides indemnity to buyers for breaches stemming from seller misrepresentations in acquisition...more

Nutter McClennen & Fish LLP

Finding Opportunity in Distressed Circumstances

Q:  Do opportunities exist for asset buyers in times of distress? A: Yes, valuable assets may be for sale at affordable prices in times of distress for two reasons. First, a primary means of raising liquidity for cash-starved...more

Stinson - Government Contracting Matters

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more

PilieroMazza PLLC

[Event] Gaining a Competitive Advantage Through Cyber, Data, & Personnel Security - June 5th, Tysons, VA

PilieroMazza PLLC on

Cybersecurity and protection of sensitive data from external and insider threats are critical for federal contractors across all industries and in all market positions. Each significant data breach or cyber incident and...more

BCLP

The Stalking Horse Bid Protections: The Auction Credit Conundrum, and How to Avoid It

BCLP on

The Scenario - You’re an investor kicking the tires on a company in bankruptcy. If you agree to be the “stalking horse” bidder, you’ll expend significant time and money vetting the opportunity (including attorneys’ fees,...more

Skadden, Arps, Slate, Meagher & Flom LLP

‘Partial and Elliptical Disclosures’ May Preclude Corwin Doctrine

Under Corwin v. KKR Financial Holdings LLC1 and its progeny, “when disinterested, fully informed, uncoerced stockholders approve a transaction absent a looming conflicted controller,” the irrebuttable business judgment rule...more

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