Mergers & Acquisitions

  • December 9, 2016

    Chancery Taps Grant & Eisenhofer To Lead Rouse Appraisal

    A Delaware Chancery judge on Friday picked Grant & Eisenhofer PA as lead counsel in the judicial appraisal of the $2.8 billion buyout of Rouse Properties Inc., rejecting a proposal from Ashby & Geddes PA's client to run a parallel case that he said "smacks of free riding."

  • December 8, 2016

    Forexware Can't Duck Former Exec's Breach Of Contract Suit

    A New York state judge on Thursday tossed a motion by Forexware LLC, a software company serving foreign exchange broker-dealers, to dismiss a breach of contract suit by a former executive whose companies it purchased.

  • December 6, 2016

    GE Share Conversion Fight Survives Bid To Toss In Del.

    A Delaware vice chancellor on Tuesday declined to toss a proposed class action alleging that General Electric Co. misled stockholders who sold their involuntarily converted shares days before the company offered an exchange for a better price, saying that the investors have standing to sue.

  • December 6, 2016

    EU Clears Microsoft's $26B LinkedIn Buy With Conditions

    The European Commission on Tuesday said it had given its assent to Microsoft to go ahead with its proposed $26.2 billion purchase of networking platform LinkedIn so long as the tech giant agrees to several commitments to preserve competition among professional social networks in Europe.

  • December 6, 2016

    Alaska Air's $2.6B Virgin Buy Gets DOJ's Conditional OK

    The U.S. Department of Justice said Tuesday it will approve Alaska Air’s proposed, $2.6 billion purchase of Virgin America, contingent on a significant reduction in the scope of Alaska Air’s codeshare agreement with American Airlines.

  • December 5, 2016

    Bankrupt Golfsmith Wins OK For Key Worker Bonus Program

    With an asset sale and company wind-down looming, bankrupt athletic equipment retailer Golfsmith International Holdings Inc. secured court approval in Delaware on Friday for a nearly $1 million outlay to keep 127 key employees on the job throughout the process.

  • December 2, 2016

    Chancery Sends $2B Westinghouse Merger Fight To Auditor

    A Delaware Chancery judge on Friday tossed a $2 billion dispute over Westinghouse Electric Co. LLC’s purchase of Chicago Bridge & Iron Co. NV’s nuclear construction business, ruling that under the purchase agreement, the matter should be considered by an independent auditor, not the court.

  • November 29, 2016

    Ex-Brokers Lose New Trial Bid In IBM Insider Trading Row

    Two former brokers found guilty of insider trading in connection to a $1.2 billion IBM deal lost their bid to get a new trial in New York federal court on Tuesday, though U.S. District Judge Rakoff agreed to limit their monthly civil penalty payments.

  • November 28, 2016

    English Court Keeps Indian Miner's $39M Award Intact

    An Emirati trading house ordered to pay an Indian miner $39.5 million in an iron ore contract arbitration failed to annul the award Friday, after an English judge said the miner's claim did not go “disappearing into a black hole” after a merger.

  • November 23, 2016

    EU OKs Abbott's $25B Acquisition Of St. Jude With Caveats

    The European Commission said Wednesday it had given the green light to Abbott Laboratories’ $25 billion cash-and-stock acquisition of device maker St. Jude Medical so long as Abbott divests two devices used in cardiovascular treatments.

  • November 18, 2016

    Donald Sterling Drops Suit Against NBA Over Clippers Sale

    Former Los Angeles Clippers owner Donald Sterling has dropped his suit against the NBA, his wife and two doctors over his 2014 ouster over racist comments that led to a sale of the team, the NBA said Friday, ending a Ninth Circuit appeal of a California federal judge's March dismissal.

  • November 16, 2016

    Del. Justices Won't Resurrect $4M Life Settlement Suit

    A failure to demand books and records before filing suit dominated the reasons why the Delaware Supreme Court refused Wednesday to resurrect a lawsuit claiming $4 million and unredeemed policies were misappropriated during the windup of a life settlement company.

  • November 15, 2016

    Garden Fresh Gets OK On New DIP Loan, Bid Procedures

    Bankrupt casual dining chain owner Garden Fresh Restaurant Intermediate Holding LLC received court approval Tuesday in Delaware on a $4.5 million debtor-in-possession loan provided by a group of first-lien secured debt holders in the company’s Chapter 11 case.

  • November 15, 2016

    Energy Future's E-Side Set For 4-Day Trial

    The confirmation trial of the E-side of Energy Future Holdings Corp.'s massive Chapter 11 plan of reorganization will commence Dec. 1 and has been scheduled to run for four days, after a pretrial conference in Delaware bankruptcy court Tuesday.

  • November 10, 2016

    Bank Merger Appraisal Nets 10.7% Gain For Stockholders

    A Delaware corporate appraisal suit paid off Thursday for stockholders who disputed the value given their shares in the 2014 merger of two family-controlled western Pennsylvania banks, with a court opinion bumping up the price paid to challengers by 10.7 percent.

  • November 10, 2016

    Show’s Over For Live Nation Rival’s Doc Destruction Claims

    A California federal judge on Thursday rejected Songkick’s theory that larger rival Live Nation and its subsidiary Ticketmaster wrongly destroyed evidence in an antitrust suit attacking the companies’ ticketing empire, saying the companies didn’t have a duty to preserve certain employee emails.

  • November 8, 2016

    Shareholders, Skullcandy Agree To Drop Class Action

    A pair of Skullcandy Inc. shareholders who filed putative class action suits against the company and its board members alleging shareholders were getting shortchanged in a merger deal stipulated with the company Monday in Utah federal court to dismiss the suits after new bids drove the offer up more than 10 percent.

  • November 7, 2016

    Atty Beats DQ Bid In Case Involving Brother At Fox Rothschild

    A Pennsylvania judge on Friday shot down efforts to disqualify an attorney from defending a travel agency previously represented by his brother, a Fox Rothschild LLP attorney also accused in the suit of filing a meritless bankruptcy petition, noting that the clients have waived a cited potential conflict of interest.

  • November 7, 2016

    Venezuela Can't Kill ConocoPhillips Award At 2nd Circ.

    The Second Circuit on Monday upheld a district judge's decision to confirm an arbitration award worth as much as $540 million that ConocoPhillips won from its Venezuelan partners in a Texas refinery joint venture, ruling that the partners couldn't show that the award violated New York public policy.

  • November 1, 2016

    FTC's Pursuit Of Hospital Mergers Gets Key Validation

    After the Federal Trade Commission’s approach to hospital mergers was called into question by a series of stinging defeats, two circuit courts have now given ringing endorsements of the agency’s enforcement methodology, fortifying the FTC in its efforts to take on the increasingly consolidated industry.

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • Think Twice Before Settling With An Activist

    Kai Haakon Liekefett

    Kai Haakon Liekefett and Lawrence Elbaum of Vinson & Elkins LLP explain why many companies have “buyer’s remorse” after settling with an activist, and why a proxy fight is not the only alternative.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Proxy Advisory Firms In The Regulatory Spotlight

    Bonnie A. Barsamian

    We anticipate that a new U.S. Securities and Exchange Commission will build on the dialogue and focus facilitated by its predecessor commission and consider regulation in light of growing attention on proxy advisory firms, say Bonnie Barsamian and Marc Leaf of Drinker Biddle & Reath LLP.

  • Investor Concerns In Light Of New CMS Long-Term Care Rule

    Michael A. Witt

    While the increasing need for development of housing alternatives for the growing population of older Americans has created new opportunities for investors to provide capital to owner-operators of long-term care facilities, a new rule revising the requirements for LTC Medicare and Medicaid participation could have a direct impact on potential investors, say Michael Witt and Kyle Molidor of Duane Morris LLP.

  • 7 Private Equity Strategies For 2017

    Jeremy Swan

    As the country prepares for new leadership in Washington, private equity firms should look to embrace new, growth-focused strategies that will help them compete more effectively in what will undoubtedly be a year of significant change, says Jeremy Swan of CohnReznick LLP.

  • Antitrust Concerns In Defense Transactions Under Trump

    Jon B. Dubrow

    President-elect Donald Trump's call for an increase in defense spending generally bodes well for the aerospace and defense industry and potentially signals a new era of growth for companies in this space. Jon Dubrow and Ryan Leske of McDermott Will & Emery LLP examine how merger and acquisition transactions are likely to be reviewed in a Trump administration.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • A Look Beyond 'Rep And Warranty' Insurance

    Mitchell L. Griffith

    "Rep and warranty" insurance has grown into a mainstream risk allocation tool in just a few short years, but it is only one of several transactional insurance products increasing in popularity. Mitchell Griffith of Thompson & Knight LLP and John McNally and Adam Wilhite of JLT Specialty USA explain fraudulent conveyance and successor liability insurance.