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Sellers Investment

White & Case LLP

Warranties and indemnities insurance take center stage in M&A transactions in Africa

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In most M&A transactions, after the parties have negotiated the basic commercial terms, they then negotiate the warranties and indemnities (W&I). Generally, buyers want the anticipated value of their purchase without any...more

Sullivan & Worcester

Trade & Export Finance Webinar Presentation: An update on developments in the creation and financing of trade assets and how to...

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What this talk will cover - What is going on! What are trade assets? Who needs finance? Who can or wants to finance them? Who else could finance them? How to become involved in trade finance assets? Legal issues...more

Husch Blackwell LLP

Healthcare Founders Face New Exit Considerations

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Exiting a business, whether you are a serial entrepreneur looking to move on to the next project or a healthcare provider like a physician or therapist who has nurtured your practice for decades, can be difficult. After all,...more

Tonkon Torp LLP

Earn-Outs: Bridging the Valuation Gap

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Do we value our possessions more just because we own them? Sometimes. Does this association of value apply to businesses? Almost always. The Cost of Risk- Buyers and sellers of a business often find themselves with a...more

DarrowEverett LLP

Title Insurance or Not, Don’t Dismiss the Value of Title Search

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For those of you who question whether an owner’s policy of title insurance is a waste of money, please remember that examining title is still an essential component of due diligence investigations. Real estate investments are...more

White & Case LLP

Dealmakers prepare to face new uncertainties in 2024

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Global M&A activity continued to make slow progress in 2023, with stubbornly high interest rates and stringent financing conditions stifling market confidence. Nearly US$3.2 trillion of M&A deals were announced last year—a...more

McDermott Will & Emery

International News: Spotlight on Foreign Investment

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In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

White & Case LLP

Reverberations from the falling dominos of SVB, Signature and Silvergate are felt on European shores

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UK & European Financial Services M&A: Sector trends H2 2022 | H1 2023 — Banks - Top 3 drivers of UK and European bank M&A in the past 12 months: - Regional & domestic consolidation across Europe: >50 domestic bank...more

White & Case LLP

Global M&A faces market headwinds in Q2

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Ongoing uncertainty hampers dealmaking in second quarter of the year, but mining megadeals and the race for clean energy offer a ray of hope. Global dealmakers had a lot to contend with in the second quarter of this year....more

Fenwick & West LLP

SEC v. Ripple Labs: Securities Law Analysis Under Howey Applied On A Transaction-By-Transaction Basis

Fenwick & West LLP on

It’s the Transaction, Not the Token. Issuers cannot offer or sell securities without registering them with the SEC under Section 5 of the Securities Act of 1933 or finding a valid exemption from registration. XRP is the...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Public M&A Update – H1 2023

In this update, we consider key statistics, trends, developments and highlights regarding UK public M&A transactions governed by the UK Takeover Code that were announced during the first half (H1) of 2023....more

McDermott Will & Emery

Cross-Border M&A Comparison Table

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Cross-border deals are complex and require mastery of multiple disciplines with unique considerations in different regions. Review our table comparing cross-border deal considerations for various topics across the United...more

White & Case LLP

Global M&A loses steam but powers on

White & Case LLP on

Against the odds, dealmakers put in a solid performance in 2022, but this year has seen a slow start as buyers in the US M&A market clamor for much needed regulatory clarity - Global M&A markets gave both optimists and...more

McDermott Will & Emery

HPE Miami 2023 | The Best Transaction for You: Different Deal Types and Structures

McDermott Will & Emery on

During this session, the panelists discussed the various types of transaction structures and key considerations when building and executing an exit strategy....more

Bass, Berry & Sims PLC

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

Bass, Berry & Sims PLC on

Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction...more

White & Case LLP

New Technologies in the Consumer & Retail Industry – Key Legal Issues and Risks

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The consumer and retail industry has experienced a rapid growth in the use of new technologies, as both online businesses and brick-and-mortar sellers converge into multi-channel players and compete for customers and for...more

McDermott Will & Emery

2023 Annual Health Report: Healthcare Private Equity

McDermott Will & Emery on

Private equity investment in healthcare reached an all-time high in 2022, with reports putting the overall deal value at a staggering $151 billion. But 2023 is shaping up to be a very different year, with investors pulling...more

White & Case LLP

A flurry of activity early in 2022 sees real estate outperform

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Real estate has historically shown resilience during challenging economic periods and is considered a reliable hedge against inflation—but not all assets are created equal, and dealmakers were highly selective in the...more

White & Case LLP

Mixed Signals: US M&A FY 2022

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Although the record-breaking deal activity of 2021 spilled over into 2022, headwinds in the first quarter developed into a significant slowdown during the rest of 2022, with an expectation of continued slowness as we enter...more

White & Case LLP

US M&A in review: Momentum can only take you so far

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M&A started strong in 2022 with robust deal activity and megadeals dominating the landscape that was largely the result of unprecedented spillover from 2021. But then, things took a turn and deals stalled in the second half...more

McDermott Will & Emery

IRS Releases Memorandum on Deducting Cryptocurrency Losses

McDermott Will & Emery on

On January 13, 2023, the Internal Revenue Service (IRS) released a Chief Counsel Advice Memorandum (CCA 202302011) concluding that taxpayers cannot claim a deduction for cryptocurrency losses that have, absent a sale or other...more

DarrowEverett LLP

How Renewable Energy Developers Can Maximize ITC Value In Deal-Making

DarrowEverett LLP on

On August 16, 2022, President Joe Biden signed into law the Inflation Reduction Act of 2022 (the “Act”). Among other things, the Act has notable consequences for the renewable energy industry, including restoring the...more

Hinch Newman LLP

FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce...

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The Business Opportunity Rule (“Biz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds that Social Media Posts May Give Rise to “Seller” Liability Under Section 12(a)(2) of the Securities Act of...

In Pino v. Cardone Capital, LLC, 2022 U.S. App. LEXIS 35278 (9th Cir. Dec. 21, 2022), the United States Court of Appeals for the Ninth Circuit (Lynn, J.) joined with the Eleventh Circuit in holding that a person may qualify...more

Skadden, Arps, Slate, Meagher & Flom LLP

US M&A Levels Remain Healthy, but Due Diligence and Deal Protections Will Become Even More Critical

Acquisition market participants in the U.S. approached dealmaking with greater caution in 2022 than they did in 2021. Steadily rising interest rates and financing costs, persistent inflation, geopolitical uncertainty,...more

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