Mondaq USA: Corporate/Commercial Law > M&A/Private Equity
Shearman & Sterling LLP
Below is a summary of the main developments in US and EU corporate governance and securities law and certain financial markets regulation developments since our last update on 20 July 2018.
Arnold & Porter
In M&A transactions, the typical time gap of several weeks or even months between signing a transaction agreement and closing on the transaction creates a dual challenge: preserving the value...
Shearman & Sterling LLP
In Synutra, Liang Zhang, the majority shareholder of Synutra, proposed a buyout in a non-binding letter to the company.
Morrison & Foerster LLP
There is an obligation when acquiring or increasing "control" over a UK authorised person, e.g. an investment firm, a credit institution, a fund manager or a payment services provider, to notify and obtain...
Jones Day
A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor's merger challenge.
Sheppard Mullin Richter & Hampton
In Flood v. Synutra Int'l, Inc., No. 101, 2018, 2018 Del. LEXIS 460, the Delaware Supreme Court held that a controlling stockholder who pursues a merger with the controlled company will have the benefit of business...
Dentons
On October 10, 2018, the Treasury Department, as chair of the Committee on Foreign Investment in the United States, issued interim regulations implementing certain mandatory review provisions of the Foreign Investment Risk Review Management Act ...
McDermott Will & Emery
Steve Kranz spoke at the IPT 2018 Sales & Use Tax Symposium in Indian Wells, CA regarding Preparing for and Winning Litigation of Sales Tax Cases at the Administrative, Trial and Appellate Levels.
Akin Gump Strauss Hauer & Feld LLP
On October 10, 2018, CFIUS announced a pilot program that implements significant provisions of FIRRMA. The program becomes effective November 10, 2018.
Akin Gump Strauss Hauer & Feld LLP
In a rare move, the Delaware Court of Chancery affirmed a buyer's contractual right to terminate a $4.75 billion merger based on a sudden and sustained decline in the seller's business.
Morgan Lewis
An amendment to FERC's M&A statute, Section 203 of the Federal Power Act, was signed into law on September 28.
Foley & Lardner
A Delaware Chancery Court has allowed a buyer to cancel a deal based on a material adverse effect. The decision is believed to be the first of its kind in Delaware.
Akin Gump Strauss Hauer & Feld LLP
In a rare move, the Delaware Court of Chancery affirmed a buyer's contractual right to terminate a $4.75 billion merger based on a sudden and sustained decline in the seller's business.
Arnold & Porter
Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges and must navigate carefully to manage antitrust risk across a range...
Morrison & Foerster LLP
The frequently cited axiom of M&A litigation that no Delaware court has ever found a material adverse event (MAE) is no longer true. On October 1, 2018, the Court of Chancery (Laster, VC)...
Troutman Sanders LLP
On September 28, 2018, President Donald Trump signed into law Public Law No: 115-247, amending Federal Power Act ("FPA") ...
Proskauer Rose LLP
In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller return to discuss the nuts and bolts ...
Jones Day
The Situation: In a significant decision, a Delaware court found that a target company has suffered a material adverse effect ("MAE"), allowing a would-be buyer to abandon an announced merger.
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Even though Congress failed to enact meaningful antitrust reform this session, lawmakers in both parties proposed legislation that could significantly alter elements of current law and process
Foley & Lardner
California is the first state to codify boardroom gender diversity requirements. On September 30, 2018, California Governor Jerry Brown signed into law Senate Bill 826, which requires publicly traded
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Matson Driscoll & Damico
In my previous article, I discussed the critical need for business owners to have their business valued by a professional appraiser.
Jones Day
The Situation: In what may indicate a sea change in terms of who the Department of Justice ("DOJ") is willing to pursue in False Claims Act cases, a private equity firm has been named as a co-defendant in a False Claims Act complaint, along with one of its portfolio companies.
Torres Law, PLLC
Past compliance with the full range of international trade, export controls, and economic sanctions laws and regulations should be a critical element of due diligence in mergers and acquisitions.
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
The question whether a public for-profit company can "do good" and make money at the same time has never been more relevant.
Kramer Levin Naftalis & Frankel LLP
Reid Feldman chairs the 2017 European Private Target M&A Deal Points Study, a project of the Mergers and Acquisitions Market Trends Subcommittee, Mergers and Acquisitions Committee of the American Bar
Foley & Lardner
California is the first state to codify boardroom gender diversity requirements. On September 30, 2018, California Governor Jerry Brown signed into law Senate Bill 826, which requires publicly traded
Dentons
On October 10, 2018, the Treasury Department, as chair of the Committee on Foreign Investment in the United States, issued interim regulations implementing certain mandatory review provisions of the Foreign Investment Risk Review Management Act ...
WilmerHale
Since the beginning of the Trump Administration, the Antitrust Division of the Department of Justice has captured headlines for its aggressive public stance regarding merger enforcement.
Akin Gump Strauss Hauer & Feld LLP
On October 10, 2018, CFIUS announced a pilot program that implements significant provisions of FIRRMA. The program becomes effective November 10, 2018.
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