News & Analysis as of

Mergers

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

White & Case LLP

Britannia rules the sales: UK top destination for dealmaking in Europe

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While the direction of the UK economy remains uncertain, dealmaking is flourishing as the country races ahead of its European peers in the M&A market - The UK economy currently stands at a crossroads. Critics of the new...more

White & Case LLP

Rising tides: Asia-Pacific PE market grows in the face of global uncertainty

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APAC private equity markets have entered a holding pattern as firms face global trade and tariff uncertainty, but sophisticated managers are uncovering opportunities for investing in high-quality assets at attractive...more

Bradley Arant Boult Cummings LLP

Steel Wars: Foreign Steel Can Dodge U.S. Tariffs, but Not U.S. Control. A New Era for Investing in American Steel Begins

The doubling of steel and aluminum tariffs by the Trump administration—from 25% to 50% within just three months—is a significant escalation in trade policy and the fulfillment of a Trump campaign promise. The U.S. also...more

Wiley Rein LLP

FCC Seeks to Refresh the Record on National Television Multiple Ownership Rule Proceeding

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On June 18, 2025, the Federal Communications Commission (FCC or Commission) released a Public Notice seeking to refresh the record in the National Television Multiple Ownership Rule proceeding, which has been pending since...more

Husch Blackwell LLP

Week Twenty in Trade

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On June 20, 2025, U.S. Customs and Border Protection (“CBP”) announced it is deploying the Forced Labor Allegation Portal, which allows users to submit forced labor allegations. Submissions may be made anonymously and may...more

Seward & Kissel LLP

Private Eyes, Keeping up with the Joneses, and Lone Wolf?

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Regeneron declines to make higher bid for 23andMe after Wojcicki's $305 million offer | Reuters - 23andMe founder Anne Wojcicki’s bid, submitted through a nonprofit she controls, remains unchallenged, setting her up to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Supreme Court Reaffirms Protection of Arm’s-Length Bargaining

On June 17, 2025, the Delaware Supreme Court reversed a post-trial finding of aiding and abetting liability against a third-party arm’s-length buyer. In doing so, the court built upon another recent decision and reaffirmed...more

White & Case LLP

Synthetic W&I Insurance: Broadening Warranty Protection in M&A

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Warranty & indemnity ("W&I") insurance is playing an increasingly important role in M&A transactions. With the evolving transactional risk market, synthetic W&I insurance has become a viable alternative when traditional W&I...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - June 19, 2025

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On June 17, the U.S. Senate voted to pass the GENIUS Act (Act), which, if passed by the U.S. House of Representatives, would establish federal guardrails and a regulatory framework for stablecoins. Specifically, the Act...more

Ankura

Banking Industry Outlook: Potential Surge in Banking Mergers and Acquisitions

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Mergers and acquisitions continue to be a critical strategy for banks aiming to bolster their market presence and operational efficiency. The United States has 4,500+ banks, 4,000+ credit unions, and a large number of...more

Brownstein Hyatt Farber Schreck

California Regulators Contemplate Potential State-Level Action on Antitrust

At an upcoming June 26 meeting, The California Law Revision Commission (CLRC) will discuss proposed draft language to introduce state-level merger control provisions into California antitrust law via amendments to the...more

Hogan Lovells

Europe’s Defence Reset: Major reform efforts unveiled in Brussels and Berlin

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On 17 June 2025, the European Commission presented its “Defence Readiness Omnibus Package,” a comprehensive legislative initiative aimed at reinforcing Europe’s ability to plan, finance, and deliver defence capabilities at...more

Goodwin

Delaware Court Awards More Than $180 Million for Breach of Commercially Reasonable Efforts Obligation in Drug Development...

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On June 11, 2025, the Delaware Court of Chancery found Alexion Pharmaceuticals liable for more than $180 million in damages to former stockholders of Syntimmune, Inc., following the Court’s September 2024 ruling that Alexion...more

Cozen O'Connor

LOIs in M&A Transactions: Striking the Right Balance Between Commitment and Flexibility

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A letter of intent (LOI) or term sheet tends to be the first substantive document for an M&A transaction. It outlines the key terms and mutual understanding between a buyer and seller while they progress through due diligence...more

ArentFox Schiff

Private Equity Investment in Health Care Providers and Technology – 2025 Midyear Outlook

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As of mid-2025, private equity (PE) investors remain intensely interested in health care services and technology companies despite higher borrowing costs, heightened regulatory scrutiny, and an increasingly complex state...more

Foley & Lardner LLP

HIPAA Risk Analyses for Digital Health: Navigating AI, M&A and Vendor Diligence

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Share on Twitter Share by Email Share Back to top HIPAA Security Risk Analyses (SRAs) should be the foundation of every digital health company’s cybersecurity compliance. Far more than a checkbox exercise, a comprehensive SRA...more

Mayer Brown

Seeing Around Corners: Where Disruption and Antitrust Meet

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“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment,...more

DLA Piper

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

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In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak...more

Mayer Brown

Qualification de titres acquis lors d’une augmentation de capital suivie d’une cession

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La Cour administrative d’appel de Nancy confirme que la moins-value constatée lors de la cession de titres souscrits dans le cadre d’une recapitalisation préalable à la cession d’une filiale reste non déductible, ces titres...more

Proskauer - The Capital Commitment

Navigating Earn-Out Disputes: Key Considerations for Private Funds

Times of economic volatility often increase disparities between a seller’s valuation and the buyer’s valuation of the same company. Earn-out provisions are one tool frequently used to address such disparities. An earn-out...more

McDermott Will & Emery

Minority Stakes, Major Consequences: Lessons From the Delivery Hero/Glovo Case

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On 2 June 2025, the European Commission (the Commission) announced a landmark decision, sanctioning companies for the first time over a standalone “no-poach” cartel agreement. Another key element of the decision was its focus...more

Woodruff Sawyer

Analyzing the State of M&A in 2025: Key Survey Insights

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At the start of the year, we surveyed M&A lawyers to gather their perspectives on the market dynamics, the year ahead, and the impact of representations and warranties insurance (RWI) on deals. These insights are invaluable...more

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