Mergers & Acquisitions

August 12, 2011
Private Equity Activity Steady, But Troubles Loom: Report

Private equity-backed transactions continued at a steady pace in the second quarter of 2011, but "signs of renewed economic headwinds” mean an index measuring such activity could come under pressure, the Private Equity Growth Capital Council said Thursday.
July 25, 2011
Chinese IPO Suits Driving Securities Actions: Report

Securities class actions related to Chinese reverse mergers boosted the amount of litigation in the first half of 2011 even as the number of credit crisis-related cases petered out, according to a report released Tuesday.
April 7, 2011
M&A, Foreign Issuer Suits Drove 2010 Securities Actions

Securities class action activity was up 12 percent in 2010, with a late surge in suits linked to corporate transactions and against foreign issuers compensating for a dwindling number of financial crisis-related cases, according to a study released Thursday by PricewaterhouseCoopers LLP.
February 15, 2011
In-House Counsel Name Favorite M&A, Securities Attys

In-house counsel have named about 60 corporate and securities lawyers who deliver superb client service, and lawyers who received the recognition said understanding a client's business was of paramount importance.
October 25, 2010
M&A Legal Budgets To Grow In 2011

Companies coming out of the recession with retooled balance sheets and full cash reserves are feeling gung ho about merger and acquisition opportunities in 2011, giving a boost to strategically positioned M&A practices in the new year, a new report on corporate legal spending says.
April 8, 2010
Financial Sector Deals Poised for Uptick: Report

After a modest start this year, mergers and acquisitions activity aimed at banks, asset management firms, and insurance companies is well positioned for an uptick, particularly as companies gain a greater understanding of proposed regulatory reforms, according to a new report.
January 26, 2010
In-House Counsel Name Favorite Corporate, M&A Attys

In-house counsel love the corporate and mergers and acquisitions lawyers who know their clients' businesses as well as they know the ins and outs of deal-making.
November 13, 2009
Murky View For Q3 Industrial, Chemical, Metals Deals

Strategic buyers pushed up both the number of deals and deal values in the global industrial manufacturing sector for the third quarter of 2009, but the global deal environment for the chemicals sector continued to struggle, while a mixed picture came in for metals, according to a report from PricewaterhouseCoopers LLP.
October 28, 2009
Execs Show Emerging Optimism About M&A: Report

A survey of corporate executives released by Dykema Gossett PLLC on Wednesday revealed signs of growing optimism about the prospects for the mergers and acquisitions market, but also evidence of the lasting impact of the credit crunch and recession.
October 27, 2009
Patent Cliff Has Drug Companies On Deal Hunt: Report

The looming prospect of health care reforms and the upcoming expiration of a number of drug patents by 2012 are fueling consolidation in the pharmaceutical industry, with many more companies pushing to do deals with biotechnology firms that have products in the later stages of development, a new report says.
October 26, 2009
Deal Makers Seek Certainty In Uncertain Times: Study

Deal makers are increasingly interested in using strategies to achieve as much certainty as possible that a deal will be completed, according to a new survey of top strategic deals over the past two years.
October 14, 2009
Corp. Counsel Split On Attorney-Client Privilege Waiver

Corporate counsel are split on whether they support a prohibition that prevents government prosecutors from asking corporations to waive their attorney-client privilege, according to Fulbright & Jaworski LLP's 2009 Litigation Trends Survey.
October 6, 2009
Legal Spending On M&A To Bounce Back In 2010

After screeching to a near halt, corporate legal spending on mergers and acquisitions is set for a revival in 2010 as the economy shows signs of bouncing back and companies exploit the opportunities of a leveled-out bear market, a new report by the BTI Consulting Group Inc. shows.
September 21, 2009
Buyers Bullish On Future Of M&A: Survey

The U.S. deal market continues to suffer from the lingering effects of the credit crisis, but there are signs of promise for bullish buyers, especially in the lower midmarket range, according to a survey released Monday by Nixon Peabody LLP.
September 2, 2009
International Trade Finance Stabilizing: Survey

International trade finance is finally beginning to stabilize but still has a ways to go, according to a new benchmark survey conducted by the Bankers Association for Finance and Trade and the International Monetary Fund.
August 10, 2009
Silicon Valley Venture Capital Survey Shows Weak Q2

Down rounds exceeded up rounds among Silicon Valley-based technology and life science companies that raised venture capital in the second quarter of 2009, according to a newly published survey.
July 8, 2009
Law Firms Hold Off On Tie-Ups In Q2 Of 2009

Feeling the squeeze from the recession and credit crisis, U.S. law firms are having second thoughts about merging with one another, according to a recent analysis.
July 1, 2009
Law Firms Less Inclined To Join Forces: Survey

U.S. law firms are holding off on tying the knot with other firms — a trend illustrated by a drop in merger and acquisition activity during the second quarter of 2009 compared to previous second quarters, according to a legal industry survey.
May 29, 2009
Law Firm Mergers Accelerate In Early 2009: Survey

U.S. law firm tie-ups have picked up speed this year, with more mergers and acquisitions completed in the first quarter of 2009 than in previous first quarters, according to a legal consulting firm’s survey.
May 28, 2009
In-House Counsel To Firms: Push Your Specialities

Law firms would be better off emphasizing their specialties when looking to attract new clients than trying to be all things to all people, according to a new survey released Thursday.

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Expert Analysis

'Hot' Documents Do Not Tell The Whole Story In Antitrust

A recent Law360 Expert Analysis piece used the complaint against the Bazaarvoice Inc./PowerReviews Inc. merger to illustrate the importance of “hot” documents. While these documents are always helpful to catch the interest of the press, a busy judge or an unsophisticated jury, antitrust cases are usually resolved on economics and facts, not snippets from emails or musings from corporate MBAs, says David Balto, a former policy director of the Federal Trade Commission.
Ins And Outs Of Iran Disclosure In SEC Filings

Although the annual reporting season has ended for many public companies, the determination whether disclosure under the Iran Threat Reduction and Syria Human Rights Act of 2012 is required must be performed on a quarterly basis, say Laura Richman and Michael Hermsen of Mayer Brown LLP.
Antitrust Lessons From Interplay Of Hospitals, Doc Groups

Administrators of hospitals and medical specialty groups have much to learn from four recent cases brought by the federal antitrust regulators and private parties claiming violations of the Sherman and Clayton Acts. Not paying sufficient attention to antitrust perception can create unwelcome responses, say Steve Murphy and Les Levinson of Edwards Wildman Palmer LLP.
The Intersection Of National Security And Bankruptcy

There is little doubt that bankruptcy judges may be in the best position to submit a foreign investment transaction to the Committee on Foreign Investment in the United States. Although such a shift may alter the economics of foreign investment in U.S. bankruptcies, the ultimate certainties for debtors, bidders, creditors and others may be well worth any delays and costs incurred, say Richard Chesley and Daniel Simon of DLA Piper.
More International Insolvencies Test Limits Of Ch. 15

With more cross-border insolvencies being filed, and more petitions for recognition of foreign proceedings coming before U.S. bankruptcy courts, it is clear that the outlines of Chapter 15 will continue to be limned. It is also clear that the question of comity in Chapter 15 proceedings will figure prominently in those proceedings and in the continued development of this area of the law, says Kevin Ray of Greenberg Traurig LLP.
Are All MOEs Created Equal?

Even though the term “merger of equals” may not hold specific legal meaning or carry specific legal consequences, dealmakers should be aware that use of the label may create certain expectations for parties, shareholders and the market generally — including a certain degree of parity in the contract, economic terms and “social” issues, say attorneys with Kirkland & Ellis LLP.
How Lawyers Benefit From Early Neutral Evaluation

Early neutral evaluation usually asks a retired judge to consider one party’s case, as if preparing to rule on summary judgment or presiding over a bench trial. Effective evaluation can supply a reality check on a case — it gives the lawyer the gift of seeing the case as others see it, says James Rosenbaum, a panelist with JAMS and former U.S. district judge for the District of Minnesota.
FERC Decision Sheds Light On The Importance Of Mitigation

A recent Federal Energy Regulatory Commission decision marks a rare instance of FERC flatly rejecting a proposed sale of a power plant under Section 203 of the Federal Power Act and provides some insight as to what FERC considers to be sufficient mitigation when a proposed transaction raises horizontal market power concerns, say attorneys with Latham & Watkins LLP.
The Disappearing Act Of Ch. 11 Business Cases

While the swell in bankruptcy filings in 2009-2010 appeared to be large enough to keep practitioners busy for a number of years, certain unprecedented factors pulled the number of companies seeking Chapter 11 restructuring outside the economic malaise and the direction of the profession has obviously been changed forever. However, these changes do not mean that the day of the long, traditional bankruptcy is over, say attorneys with Arnstein & Lehr LLP.
Litigation Support At A Crossroads

Despite recession-driven cost pressures that have resulted in the downsizing of nonlawyer personnel at law firms, many litigation support departments are growing. In a recent survey, half of respondents indicated that their function has grown in size in the past three years, and more than half of respondents indicated that current staffing levels are inadequate for the projected needs of the coming year, say experts at Epiq Systems and Georgetown University Law Center.

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