News & Analysis as of

Corporate Sales Transactions

BakerHostetler

Carve-Outs Are In: Practical Guidance as Activity Rises in 2026

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Recent market surveys indicate that carve‑out transactions, including sales of divisions, product lines or business units separated from a larger enterprise, are expected to remain a prominent feature of the 2026 M&A...more

Stevens & Lee

Deferred Consideration in Physician Practice Sales

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Deferred consideration is frequently used in physician practice sales to bridge valuation gaps and allocate post-closing risk (and upside) between buyers and sellers. Commonly structured as earnouts, deferred consideration...more

Stikeman Elliott LLP

Taxes in Share Purchase Agreements: Pre-Closing Tax Liabilities (Refresher)

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In this refresher of an installment in a series on taxation issues in share purchase agreements, we discuss the provisions in a share purchase agreement that deal with the pre-closing taxes of the target company....more

White & Case LLP

Update On Public Takeovers 2025 - German Version

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Der nachfolgende Report gibt einen Überblick über die Entwicklung des Marktes für die Übernahme börsennotierter Unternehmen im Jahr 2025 sowie aktuelle rechtliche Entwicklungen....more

White & Case LLP

Update on Public Takeovers 2025

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Our Public Takeover Report provides an overview of trends and legal developments relating to public takeovers in Germany in 2025....more

Perkins Coie

Workplace Audits: Preparing For A Financing Or Sale

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Sometimes the best defense is a great offense. Comprehensive workplace audits are a defense designed to assess strengths and address risks before they become liabilities....more

Herbert Smith Freehills Kramer

UK Public M&A Monthly Activity Update: March 2026

In March 2026, there were three Rule 2.7 announcements made across the UK public M&A market and seven further possible offers / sale processes announced....more

Hinckley Allen

Fifth Circuit Denies FTC Motion; Premerger Notifications Revert to Pre-2025 Process

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As discussed in a prior client alert, on February 12, 2026, the District Court vacated the 2024 final rule that implemented extensive revisions to the federal premerger notification process under the Hart-Scott-Rodino...more

Allen Matkins

Managing Representation & Warranty Insurance Claims: What Buyers and Sellers Need to Know

Allen Matkins on

Representation and warranty insurance (RWI) is now a standard feature of modern M&A transactions, utilized in roughly two-thirds of middle-market private M&A transactions and up to three-quarters of PE-sponsored deals, per...more

Jones Day

Climate Disclosure Readiness in Transactions: Using Due Diligence to Prevent Post-Closing Reporting Surprises

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Following the well-publicized rollback and simplification of sustainability rules in the United States and Europe, companies might assume that this is no longer an area that needs attention in transactions. However, this is...more

Fried Frank

New HSR Rules Are Dead? Long Live the Old HSR Rules

Fried Frank on

As of today, the “new” HSR rules that took effect on February 10, 2025 are no longer in effect. Yesterday, the Fifth Circuit denied the FTC’s motion to stay the district court’s order vacating the new HSR rules on the grounds...more

DLA Piper

Trending in Transactions - Q1 2026

DLA Piper on

Companies seeking to sell their businesses are encouraged to ensure that they have or can access a copy of their “cafeteria plan” document before the due diligence process related to the sale transaction begins....more

Adams & Reese

Frequently Overlooked Tax Considerations in M&A and Corporate Deals

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Business sales or similar transactions can end in disaster due to overlooked tax liabilities and poor structuring. Key areas of risk include unrecorded state and local tax (SALT) nexus, improper worker classification, and...more

Nossaman LLP

Delaware Continues to Strike Down Overbroad Restrictive Covenants in Business Sales

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The Delaware Court of Chancery has reminded us again that the parties in business‑sale transactions must precisely draft restrictive covenants to be enforceable. In its March 4, 2026 decision in BluSky Restoration...more

Flaster Greenberg PC

Delaware Court of Chancery Reinforces Limits on Restrictive Covenants – Even in the Sale-of-Business Context

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Delaware courts traditionally scrutinize restrictive covenants in employment agreements but apply a more deferential standard when those covenants arise from the sale of a business.  Even so, recent decisions make clear that...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

Holland & Knight LLP

Due Diligence en M&A: La radiografía antes de comprar una empresa

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Comprar una empresa sin realizar debida diligencia es altamente riesgoso, aunque los riesgos no sean aparantes al inicio. En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Michelle Sperling, abogada de...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

Shumaker, Loop & Kendrick, LLP

Client Alert: Buying and Selling Florida Health Care Entities

Health care transactions are complicated and fraught with potential pitfalls; conducting these transactions in Florida presents its own unique challenges. This article addresses only health care law issues and is not intended...more

Morgan Lewis

Planned Changes to German Real Estate Transfer Tax Regarding Share Deals

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As part of the Ninth Act Amending the Tax Consultancy Act (Neuntes Gesetz zur Änderung des Steuerberatungsgesetzes), the German legislature is planning significant changes to the Real Estate Transfer Tax Act (RETT Act). These...more

Offit Kurman

Preparing to Sell: The Most Common Deal-Killing Mistakes Business Owners Make, and How to Avoid Them

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For many middle-market business owners, 2026 could present an ideal window to explore a sale. With financing markets improved and private equity (PE) sitting on significant amounts of dry powder, strategic buyers are in a...more

A&O Shearman

Driving Uncertainty: Below Threshold M&A Is Not Safe From Merger Control Review

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Scrutinizing potentially anticompetitive transactions that do not meet merger control filing thresholds remains a high priority for many antitrust authorities, particularly in China and the EU. This continues to inject...more

A&O Shearman

Fewer roadblocks for M&A: Politics play into lighter touch merger control enforcement

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2025 marked the start of a major transition for global merger control enforcement. Influenced by political agendas pushing for economic growth, investment, and innovation, antitrust authorities in key jurisdictions adopted a...more

Sheppard, Mullin, Richter & Hampton LLP

Massachusetts Health Policy Commission’s Proposed Amendments to Strengthen Oversight of Material Change Transactions

As highlighted in our previous blog on state antitrust enforcement, states across the country are increasingly scrutinizing healthcare transactions and investments by private equity firms and other financial sponsors....more

DLA Piper

Navigating credit party structures in cross-border financings: Key differences between US and English approaches

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As cross-border financing transactions continue to evolve in complexity, understanding the structural distinctions between United States and United Kingdom credit party frameworks is key for borrowers, lenders, and deal...more

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