Perspectives

How Attorneys Can Help Combat Anti-Asian Hate

Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

Opinion

Congress Needs To Enact A Federal Anti-SLAPP Statute

Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

The District of Massachusetts' recent decision that the JetBlue-American Airlines pact combining some Northeastern operations violates the Sherman Act stands as a reminder that collaborations between competitors can warrant close scrutiny — even if they create real, tangible benefits for consumers, say Benjamin Dryden and Elizabeth Haas at Foley & Lardner.

A Comparison Of 2 Bank Failures, With Regulatory Lessons

Though the factors that contributed to the downfalls of Silicon Valley Bank and First Republic Bank were similar, differences in federal regulators' handling of the banks' sales — and the additional two weeks it took to find a buyer for SVB — may help illuminate how regulators can improve their response to future financial panic, say attorneys at Lewis Brisbois.

Looking For Plausibility In FTC's Amgen Merger Challenge

The Federal Trade Commission is seeking to block Amgen's acquisition of Horizon, alleging that, if consummated, the deal would violate Section 7 of the Clayton Act — but this may be the first merger complaint in a generation that could be dismissed for failing to state a claim, say William MacLeod and David Evans at Kelley Drye.

Some Client Speculations On AI And The Law Firm Biz Model

Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

Private Equity Firms Shouldn't Overlook Cybersecurity Risks

Given the operational, financial and reputational costs at stake, and the growing threat of cybercrime, cybersecurity should be central to deal making, internal governance and post-acquisition management for private equity firms, say Ray Bogenrief and William Ridgway at Skadden.

A Look At Texas Business Courts' Potential M&A Impact

A bill heading to Texas Gov. Greg Abbott's desk is a push for specialist judges with more expertise in the business area, but it is unlikely to have an immediate effect on mergers and acquisition practitioners and contracts, for several important reasons, says Candace Groth at Vela Wood.

Assessing Overlapping Boards After DOJ Crackdown

The U.S. Department of Justice’s recent targeting of interlocking directorates raises questions about the scope of applicable antitrust law, including when companies will be considered competitors, whether the statute reaches potential competitors, and how companies can avoid price-fixing or market allocation charges, say attorneys at Cooley.

Environmental Diligence Is Crucial When Buying Biofuel Cos.

As momentum for mergers and acquisitions transactions within the biofuels industry continues to grow, potential buyers must not neglect proper diligence and thoughtful negotiation regarding environmental attributes generated in connection with the target's products and production process, says Victoria Sitz at Husch Blackwell.

Lessons On Corporate Fiduciary Duties From Del. M&A Case

The recent decision in New Enterprise Associates v. Rich, which held that a contractual covenant by certain stockholders not to challenge specific sales of the company was enforceable, highlights that the Delaware Court of Chancery generally is likely to be receptive to waivers of fiduciary duties that are agreed by sophisticated stockholders, say attorneys at Fried Frank.

Failed Tegna Deal Reveals Increasing Merger Review Hurdles

A deeper look at how the Tegna-Standard General deal derailed during merger review suggests some practical steps that firms should consider to close transactions when dealing with multiple federal agencies operating under a whole-of-government antitrust enforcement approach, say Jody Boudreault and Katherine Dutcher at Baker Botts.

A Lawyer's Guide To Approaching Digital Assets In Discovery

The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

Opinion

High Court's Ethics Statement Places Justices Above The Law

The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

A Look At Corwin Cleansing After Chancery Edgio Ruling

The Delaware Chancery Court's denial of Corwin cleansing in an action seeking post-closing injunctive relief in the Edgio stockholders case has potentially significant implications for corporations and their boards in the negotiation of investment agreements with significant stockholders, say attorneys at Cleary.