Mergers & Acquisitions

  • July 25, 2016

    Ex-JPMorgan Banker's Insider Trading Trial Kicks Off

    The insider trading trial of a former Perella Weinberg Partners and JPMorgan Chase & Co. banker charged with tipping off his father about pending mergers in the health care industry began on Monday, with dozens of potential jurors under consideration to decide the case. 

  • July 25, 2016

    Yahoo Taps 4 Firms On Road To $4.83B Sale To Verizon

    Yahoo tapped four law firms to guide the flagging California tech giant through the $4.83 billion sale of its core business to Verizon, drawing on their expertise to champion a challenging and highly public auction process that was spurred by activist pressure.

  • July 25, 2016

    11 States Back FTC's Ill. Hospital Merger Challenge In 7th Circ.

    Eleven state attorneys general filed an amicus brief Friday supporting the Federal Trade Commission’s recent push in the Seventh Circuit to block the merger of two Chicago health care systems.

  • July 25, 2016

    Orrick Taps Ex-Mayer Brown Energy Pro As Houston Partner

    A former Mayer Brown attorney with expertise in Latin American mergers and acquisitions and energy has been named a partner in Orrick's new Houston outpost, the firm announced Monday.

  • July 25, 2016

    TerraForm Power Adopts Poison Pill As Big Buyers Circle

    Targeted for a potential big buy-in by a hedge fund and asset manager, TerraForm Power Inc. announced adoption of “poison pill” shareholder protections Monday to discourage accumulation of Class A shares in the renewable energy company.

  • July 25, 2016

    Why Demand For LP Co-Investments Continues To Rise

    Private equity interest in co-investment deals alongside their limited partners continues to rise in popularity, and experts say co-investments are only becoming more attractive as PE funds seek to take advantage of the benefits, including the strengthening of relationships with LPs and improved chances of successful fundraising in the future.

  • July 25, 2016

    Levenfeld Pearlstein Adds Corporate Pro From Katten Muchin

    Levenfeld Pearlstein LLC has boosted its corporate and securities practice with the addition of a former partner from Katten Muchin Rosenman LLP’s tax practice, the firm announced Friday.

  • July 25, 2016

    Deals Rumor Mill: Ausgrid, Total, Tesla Motors

    At least a couple of suitors vying to buy Australia's $7.5 billion power network Ausgrid have placed their bids, a number of companies have interest in Total SA's $3.3 billion specialty chemicals unit Atotech, and Tesla Motors and SolarCity are moving closer to a merger.

  • July 25, 2016

    Eaton’s Lies About Tax-Free Spinoff Cost $3B, Suit Says

    A proposed class of Eaton Corp. PLC shareholders launched a lawsuit in New York federal court on Friday, saying that their shares lost $3 billion in value when the company revealed it couldn’t spin off its vehicle component business tax-free after a 2012 merger with Cooper Industries PLC.

  • July 25, 2016

    PE Giant Apollo Takes Redbox Operator Private In $1.6B Deal

    Funds affiliated with Apollo Global Management LLC have agreed to acquire Outerwall Inc. in a deal valued at roughly $1.6 billion, the companies said on Monday, adding the operator of Redbox movie rental kiosks to the private equity giant’s portfolio.

  • July 25, 2016

    E-Trade Pays $725M For PE-Backed OptionsHouse

    E-Trade Financial Corp. will buy the parent company of derivatives trading platform OptionsHouse LLC from private equity firm General Atlantic LLC for about $725 million cash in a deal guided by Skadden Arps Slate Meagher & Flom LLP and Paul Weiss Rifkind Wharton & Garrison LLP, the online trading giant said Monday.

  • July 25, 2016

    LVMH Selling DKNY In $650M Deal With G-III

    French luxury goods conglomerate LVMH Moet Hennessy Louis Vuitton SA said Monday that it has agreed to sell its Donna Karan and DKNY brands to G-III Apparel Group in a deal valued at $650 million including cash and debt.

  • July 25, 2016

    Yahoo Inks $4.83B Sale To Verizon, Ending Bidding Process

    Yahoo Inc.'s core business will be bought for $4.83 billion by Verizon Wireless Inc., the companies said Monday, marking the final chapter to a contentious activist campaign that has long pushed for a sale of the flagging tech giant.

  • July 22, 2016

    Taxation With Representation: MoFo, Davis Polk, Cooley

    This week’s Taxation With Representation sees Japanese companies expanding into the U.K. and the U.S. while two drug companies team up to develop and market cancer treatments.

  • July 22, 2016

    GE Again Says Arbitrators Must Work On Rail Row

    General Electric Co. sought to swat aside arguments by Alstom SA that they must take their dispute over price adjustments in an $800 million rail-signal deal to an accountant, urging a New York federal judge Friday to let arbitration go forward instead.

  • July 22, 2016

    Don't Miss It: Hot Deals & Firms We're Following This Week

    With so much mergers and acquisitions news this week, you may have missed several deals announced in recent days, with firms such as Reed Smith and Hogan Lovells at the helm. Here, Law360 recaps the ones you might have missed.

  • July 22, 2016

    Attorneys' Fees Nixed In $14B Keurig Acquisition Suit

    A Delaware Chancery judge denied an award of attorneys' fees Friday to the legal team representing shareholders that challenged the $14 billion acquisition of Keurig Green Mountain Inc., saying that the deal disclosures attained by the lawyers weren’t beneficial to the shareholders.

  • July 22, 2016

    Anatomy Of A Merger: Risk Pays Off In Ball’s Bet On Rexam

    Skadden Arps Slate Meagher & Flom LLP’s longtime client Ball Corp. would from time to time mull a combination with one of its fellow aluminum can manufacturers, but at the end of 2014, that consideration started to turn into something more as talks with U.K. rival Rexam opened the door for a bid.

  • July 22, 2016

    Fox Fights Comcast's Docs Bid In Network Bankruptcy Suit

    Fox Sports Net asked a Texas bankruptcy court Thursday not to make it turn over documents from contract negotiations with the MLB’s Astros and NBA’s Rockets in a suit alleging Comcast intentionally torpedoed the value of a Houston affiliate, saying this request is barred by an earlier court order in the larger proceeding. 

  • July 22, 2016

    Hastings Parent Gets Green Light For Liquidation Sales

    The parent company of Hastings Entertainment Inc. received approval Friday in Delaware bankruptcy court for an $85 million sale of its assets to a liquidating partnership that served as an auction stalking horse bidder.

Expert Analysis

  • Testing The UBE: Portable — But Inaccurate — Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • DOJ, FTC More 'Upfront' About Divestiture Requirements

    Gregory P. Luib

    Lost in all the publicity over high-profile mergers that have foundered for lack of an acceptable remedy is the fact that the agencies continue to resolve the vast majority of merger challenges by consent but are doing so with a marked increase in the use of upfront buyers, says Gregory Luib of Dechert LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Availability Of Specific Performance To Jilted M&A Parties

    Stephen L. Ascher

    Recent cases illustrate that despite the generally extraordinary nature of forcing a breaching party to perform a contract rather than pay money damages, both buyers and sellers in M&A agreements should consider making use of the specific performance remedy in the face of a terminating party, say Stephen Ascher and Andrew Lichtman of Jenner & Block LLP.

  • New Filing Rules Will Widen Germany's Merger Control Reach

    Juan Rodriguez

    The planned introduction of a new size-of-transaction threshold is likely to significantly increase the number of merger notifications in Germany, thus increasing the administrative burden on parties to international M&A, and in particular, foreign-to-foreign transactions that have limited impact in Germany, say attorneys with Sullivan & Cromwell LLP.

  • Mitigating The Risk Of Post-Merger Legacy Board Factions

    Steven J. Steinman

    As occurred in the case of Cogentix, loyalties to the legacy constituent corporations of a merger can create serious issues for the ongoing governance and management of the post-merger corporation. The risk is heightened when the controller, former CEO or founder of the smaller constituent company continues as a director or manager of the merged company, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • NY High Court's Ambac Decision Causes Litigation Confusion

    Savvas A. Foukas

    The New York Court of Appeals' recent decision in Ambac Assurance v. Countrywide Home Loans — limiting the common interest privilege — conflicts with the law of many other jurisdictions and creates significant uncertainties for commercial actors in subsequent litigation, say attorneys at Hughes Hubbard & Reed LLP.

  • Improving Merger Analysis With Randomized Control Trials

    Elizabeth M. Bailey

    In this new world of “big data,” there are many instances in which antitrust practitioners may be able to do better in their ability to draw causal relationships in merger analysis by using a controlled experiment technique known as randomized control trials. It is notable that businesses and academics are already using these empirical tests, says Dr. Elizabeth Bailey of NERA Economic Consulting and University of California, Berkeley.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • 'Passive Investor' Lessons From Record HSR Act Settlement

    Pepper_Stephen_GreenbergTraurig.jpg

    The record $11 million fine against ValueAct announced last week for alleged violations of the Hart-Scott-Rodino Act should remind “passive investors” of the implications of communicating with executive management of companies in which they hold voting securities, says Stephen Pepper of Greenberg Traurig LLP.