Anticipate Another Busy Year Of M&A Activity

By Ethan Klingsberg (January 11, 2022, 3:36 PM EST) -- As the pipeline continues to flow, here's a quick preview of where the tensions, action and hot spots will be in mergers and acquisitions this year, together with explanations of why this will be the case.

Regulatory Covenant Litigation

Case law on the enforceability of hell or high water and other regulatory covenants is sparse. The existing decisions all involve relatively blatant violations — e.g., the failure to submit a document expressly requested by the antitrust or foreign investment regulator or other examples of intentional foot dragging.

There have been cases involving nuanced situations where the buyer purported to be acting...

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