News & Analysis as of

Mergers

A&O Shearman

The Trump era DOJ and FTC: a return to merger remedies

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This new stance, however, does not signal unchecked dealmaking for transacting parties. The Federal Trade Commission (FTC) and Department of Justice (DOJ) are simultaneously emphasizing that robust, evidence-based enforcement...more

Husch Blackwell LLP

ESOPs for Cannabis Companies

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Employee stock ownership plans (ESOPs) have been used as a business succession strategy by employers across many industries. In the cannabis industry, ESOPs have come and gone and come again as a trendy topic promising to fix...more

Skadden, Arps, Slate, Meagher & Flom LLP

Europe’s Sharpened Focus on Defense Creates M&A and Investment Opportunities

Key Points - - The war in Ukraine has prompted a historic surge in European defense spending. - Governments in the EU and U.K. are stressing the need for innovation. They are increasingly turning to investment in small...more

Skadden, Arps, Slate, Meagher & Flom LLP

M&A in the AI Era: Key Antitrust and National Security Considerations

Key Points - - As more jurisdictions adopt AI regulations, and AI-related transactions are reviewed on multiple legal grounds, it is critical for companies considering deals to assess the regulatory hurdles early on and...more

Blake, Cassels & Graydon LLP

Politics, Power and Policy: Key Shifts in Canada’s Competition and Investment Law Landscape

In-house counsel are facing a rapidly evolving regulatory landscape as Canada tightens its competition regime and shifts its foreign investment approach. We outline five developments reshaping compliance expectations in 2025....more

IR Global

Due Diligence when buying an accounting business

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What is Due Diligence? Due diligence is a thorough investigation service of a business by a potential buyer, to establish value, assets, liabilities, potential and the associated risks....more

Wiley Rein LLP

Fourth Circuit: “Bump-Up” Exclusion Applies When Settlement Seeks to Cure Harms Associated with Undisclosed Conflict of Interest...

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The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage for the settlement of...more

Morrison & Foerster LLP

Trump Antitrust Enforcers Stay the Course on Efficiencies

The Department of Justice, Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together the “Agencies”) submitted a note about efficiencies in merger control in connection with a June 17, 2025 Organisation for...more

Levenfeld Pearlstein, LLC

Independent Sponsor Series: Ryan Sullivan of North Park Group Discusses the M&A Outlook and Offers Advice to Business Owners and...

To help businesses, investors, and deal professionals better understand the evolving independent sponsor landscape, Robert Connolly – a partner in LP’s Corporate Practice Group and leader of LP’s Independent Sponsor team –...more

Hinshaw & Culbertson LLP

[Event] U.S. Trade, Tariffs, and State of the Economy Forum - July 24th, Chicago, IL

Join us for U.S. Trade, Tariffs, and State of the Economy Forum, on July 24, 2025, at Hinshaw's Chicago office, an insightful discussion on U.S. trade, tariffs, and economic policies that brings together experts,...more

White & Case LLP

Beating the hackers: US cybersecurity dealmaking hits back against rising attacks - Policymakers have renewed their focus on...

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The persistence and evolution of cybercrime across the US is reshaping M&A in the cybersecurity sector. Driven by escalating threats, increasing costs and liability to businesses, and a growing and more defined regulatory...more

White & Case LLP

Minority report: Minority stakes spike in US and Europe for sponsors and strategics alike

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In an M&A market characterized by buyer caution and narrowing liquidity pathways for sellers, flexible minority stakes transactions are proving a valuable option for dealmakers in the US and Europe - In an M&A market that has...more

A&O Shearman

UK merger control to see faster reviews and clarified jurisdictional tests

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The Competition and Markets Authority (CMA) has launched a consultation on proposed changes to its mergers guidance on jurisdiction and procedure (CMA2) and its mergers notice template....more

Fenwick & West LLP

Buy-Side M&A Playbook: Drafting Definitive Agreements - The Road to Closing

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This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit....more

Knobbe Martens

TELA Bio Launches OviTex Inguinal Reinforced Tissue Matrix in Europe

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TELA Bio—which was founded in 2012 and is headquartered in Pennsylvania—is a medical device company that specializes in providing soft-tissue surgical products. According to TELA Bio, its soft-tissue reconstruction solutions...more

Morris James LLP

Delaware Supreme Court Applies Business Judgment Rule, Dismisses Stockholder Claims Arising from TripAdvisor’s Nevada...

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On an interlocutory appeal from a decision denying a motion to dismiss, the Delaware Supreme Court reversed, holding that stockholder challenges to TripAdvisor’s decision to reincorporate in Nevada were governed by the...more

Blake, Cassels & Graydon LLP

Key Considerations Relating to “Superior Proposals” in Canada

The Canadian public mergers & acquisitions (M&A) market saw a relative rarity in the first quarter of 2025 — an alleged “superior proposal” made by an alternative bidder during the interim period of an already announced...more

McCarter & English, LLP

Merger Remedies Are Back on the Menu

The Trump administration’s recently announced settlements resolving the antitrust concerns in transactions mark a shift from the previous administration’s hostile rhetoric against settlements and remedies in merger cases. As...more

Vinson & Elkins LLP

Delaware Supreme Court Sets High Bar for Counterparty Aiding and Abetting Liability in M&A Deals

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The Delaware Supreme Court’s June 17, 2025 decision in In re Columbia Pipeline Group Merger Litigation reversed a $199 million damages award against TC Energy for aiding and abetting breaches by fiduciaries of Columbia...more

Baker Botts L.L.P.

European Commission Approves Liberty Media’s Acquisition of MotoGP

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On 23 June, the European Commission (“Commission”), following a Phase II investigation, unconditionally approved the acquisition by Liberty Media Corporation (“Liberty Media”) of Dorna Sports, S.L. (“Dorna”) (Case M.11539,...more

Adams & Reese

An I-9 Compliance Checklist for Businesses Engaged in Mergers & Acquisitions

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In the fast-paced world of mergers, acquisitions, asset sales, and private equity transactions, the excitement of growth can overshadow critical compliance details. However, unaddressed I-9 compliance issues in any M&A deal...more

White & Case LLP

DOJ Declines to Prosecute Private Equity Firm after Post-Acquisition Voluntary Self-Disclosure of Sanctions and Export Control...

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In its first application of the policy on voluntary self-disclosures (“VSDs”) in connection with mergers and acquisitions (“M&A”), on June 16, 2025, the US Department of Justice’s (“DOJ”) National Security Division (“NSD”)...more

Akin Gump Strauss Hauer & Feld LLP

Acquirors Beware: PE Firm Escapes DOJ Prosecution, but Acquired Entity Hit With $2 million+ in Penalties

In March 2024, NSD issued an updated Enforcement Policy for Business Organizations (NSD Enforcement Policy) that includes the M&A Policy.  Under the M&A Policy, where an acquiring company makes a qualifying voluntary...more

Holland & Knight LLP

Nippon Steel and U. S. Steel Announce Finalized Merger Agreement

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Nippon Steel Corp. and United States Steel Corp. published a press release on June 18, 2025, announcing the finalization of their merger agreement, executed on Dec. 18, 2023. Following a review by the Committee on Foreign...more

Eversheds Sutherland (US) LLP

DOJ declines prosecution for PE firm after post-acquisition voluntary self-disclosure

On June 16, 2025, the Department of Justice (DOJ) National Security Division (NSD) and the US Attorney’s Office for the Southern District of Texas announced the first declination of prosecution for an acquirer that...more

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