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Mergers & Acquisitions
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December 10, 2024
UpHealth Says Glocal Execs Stalling On $115M Award Suit
Digital health services company UpHealth has asked an Illinois federal judge to favor its efforts to pin down assets belonging to executives of Indian healthcare firm Glocal as it looks to enforce a $115 million arbitral award, saying the respondents are engaging in "obstructionist" conduct.
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December 10, 2024
Chancery Awards Ajamie $13M In Cell Partnership Fight
Boutique law firm Ajamie LLP has won a Delaware Court of Chancery ruling that clients in a more-than decade-long multi-site battle over dozens of AT&T cellphone partnerships owe Ajamie about $13 million in legal fees despite a court finding that a formal fee-sharing agreement is unenforceable.
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December 10, 2024
Trump Taps Ferguson As FTC Chief, Kressin Atty To GOP Seat
President-elect Donald Trump named current Federal Trade Commission member Andrew N. Ferguson to be its next chair Tuesday night while also picking Kressin Meador Powers LLC partner Mark Meador, a former deputy chief counsel to Sen. Mike Lee, R-Utah, to round out the FTC as its third Republican member.
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December 10, 2024
Nippon Life In Late Talks To Buy Resolution Life For $8.2B
Global insurer Resolution Life said Tuesday that it was in the "final stages of discussions" to sell the business to Nippon Life Insurance, reportedly for $8.2 billion.
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December 10, 2024
$24.6B Kroger-Albertsons Merger Blocked By 2 Judges
Kroger's planned $24.6 billion purchase of Albertsons suffered double whammy blows Tuesday, first from an Oregon federal judge who temporarily blocked the deal in a Federal Trade Commission challenge, and then from a Washington state judge who sided with the state's attorney general and issued a permanent, national block.
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December 10, 2024
Google, TPG To Help Steer $20B Clean Energy Investment
Google and an arm of private equity shop TPG that is focused on solutions to combat climate change revealed plans to partner with clean energy company Intersect Power to invest $20 billion in renewable power infrastructure by the end of the decade, with an initial plug of $800 million announced on Tuesday.
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December 10, 2024
Stellantis, CATL Invest Up To €4.1B For Battery Plant In Spain
Automaker Stellantis announced Tuesday that it has formed a joint venture with Chinese battery maker CATL that sees the two investing up to €4.1 billion ($4.3 billion) to help build a large-scale European lithium iron phosphate battery plant in Spain.
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December 10, 2024
Advent Says Chancery Rulings End Funeral Co. Suit
Private equity firm Advent International told a Boston federal judge that a heated fraud lawsuit tied to its sale of a Mexican funeral business must be dismissed due to rulings from a Delaware judge upholding agreements it entered with the buyer limiting claims related to the transaction.
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December 10, 2024
Kirkland, Davis Polk Drive Gen Digital's $1B MoneyLion Buy
Cybersecurity software company Gen Digital Inc., led by Kirkland & Ellis LLP, has entered into a definitive agreement to acquire Davis Polk & Wardwell LLP-advised personal finance platform MoneyLion Inc. for about $1 billion, the companies said Tuesday.
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December 10, 2024
Utah Beverage Canning Co. Seeks Sale In Ch. 11
A company that makes and fills beverage cans has filed for Chapter 11 protection in Utah bankruptcy court with $476 million in debt, saying COVID-19 caused delays in the opening of its Salt Lake City facility that left it with too little liquidity to continue.
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December 10, 2024
Remote Access Co. To Buy British Biz From Carlyle For $720M
German remote connectivity company TeamViewer SE said Tuesday that it has reached a deal with Carlyle Group Inc., the U.S. investment giant, to acquire London-based IT firm 1E at an enterprise value of $720 million.
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December 09, 2024
Trump Media Investors Urge Stay Denial In Del. Suit
Investors in Donald Trump's social media website urged a Delaware Chancery Court to deny a temporary stay brought by the president-elect in order to let Florida litigation play out first, saying presidential immunity doesn't extend to unofficial acts, and the lawsuit can proceed against Trump's affiliates.
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December 09, 2024
Jones Says Waiver Gave Onion Unfair Edge In Infowars Auction
Lawyers for Alex Jones on Monday stepped up their criticism of satirical news outlet The Onion's bid to buy the conspiracy theorist's Infowars website, urging a Texas bankruptcy judge to block the deal and hand Infowars to a company operating a supplements website instead.
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December 09, 2024
Satellite Co. Sued In Del. For Docs After $450M Merger
Two stockholders of satellite venture Terran Orbital Corp. sued the business in Delaware's Court of Chancery Friday for access to company records, linking the demand to their investigation of events leading up to the company's $450 million, 25-cents-per-share sale to Lockheed Martin in October.
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December 09, 2024
Live Nation Denied Rehearing In 9th Circ. Arbitration Fight
The full Ninth Circuit has refused to reconsider an appellate panel's recent decision invalidating Live Nation and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims over allegedly exorbitant ticket prices.
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December 09, 2024
Facebook Execs Deny Email Breach Harm In Del. Hearing
Two former Facebook directors turned to "chutzpah" in answering a stockholder class call for sanctions against them for deleting uncounted emails regarding privacy violations and the Cambridge Analytica scandal, a stockholder attorney told a Delaware vice chancellor on Monday.
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December 09, 2024
Judge Eyes Far Less Trial Time In Meta Case Than FTC Wants
The Federal Trade Commission likely has to cram much more trial in much less time than it had planned after a D.C. federal judge suggested Monday that the agency's social media monopolization case against Meta Platforms Inc. can't go much past the first week of June 2025.
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December 09, 2024
NC Attorney General Cans Counterclaims In HCA Hospital Suit
North Carolina Attorney General Josh Stein has immunity from counterclaims brought by HCA Healthcare in an enforcement suit centered on the for-profit health network's actions since purchasing an Asheville hospital five years ago, a state Business Court judge has ruled.
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December 09, 2024
TikTok Seeks Halt On Sale-Or-Ban Law For High Court Appeal
TikTok Inc. and its users are pressing the D.C. Circuit to put on hold the implementation of a law that is set to bar the platform from the U.S. market next month while they appeal a ruling backing the measure to the U.S. Supreme Court.
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December 09, 2024
Apollo, Santander Invest In $370M Infrastructure Portfolio
Private equity giant Apollo and commercial bank Santander on Monday unveiled plans to partner to invest in a $370 million portfolio of infrastructure credit.
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December 09, 2024
Barington And Thor Invest In Macy's, Push For New Direction
Barington Capital Group LP and Thor Equities LLC said Monday they've taken a position in Macy's as they pushed the storied retailer to make strategic changes to help "improve shareholder value," while Macy's acknowledged the development and disclosed it was being counseled by Wachtell Lipton Rosen & Katz on the matter.
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December 09, 2024
Paul Hastings, Paul Weiss Lead $6.7B Pactiv Evergreen Sale
Packaging products maker Novolex, advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Monday announced that it will combine with food merchandising product manufacturer Pactiv Evergreen, led by Paul Hastings LLP, in a $6.7 billion take-private deal that is backed by private equity funds.
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December 09, 2024
Arthur J. Gallagher Buying AssuredPartners For $13.5B
Arthur J. Gallagher & Co. has agreed to purchase independent insurance brokerage AssuredPartners for $13.5 billion in cash, in what its seller, private equity firm GTCR, said will be the largest sale of a U.S. insurance broker to a strategic acquiror in the history of the industry.
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December 06, 2024
DC Circ. Ruling Far From Last Word On Looming TikTok Ban
The D.C. Circuit's decision Friday paving the way for a U.S. ban on TikTok to take effect next month sparked immediate concerns about the loss of a social platform that millions rely on to freely express themselves, but a likely appeal and upcoming administration change could end up flipping the script.
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December 06, 2024
FTC Dems Tout Impact of Handbag Merger Win
The Federal Trade Commission's leader said a recent court ruling that led the owners of Coach and Michael Kors to abandon their planned $8.5 billion tie-up should make it easier to prove mergers hurt competition without needing to rely on expensive economic experts.
Editor's Picks
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UK Enforcers Say Cargo Equipment Deal Raises Concerns
The planned merger of Finnish cargo handling equipment outfits Cargotec Corp. and Konecranes PLC faces increasing scrutiny across the globe, as U.K. enforcers raised concerns about competition for a number of different products for port services.
Expert Analysis
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.
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Lights, Camera, Real Estate: Preparing For Film Facility M&A
As the entertainment industry struggles to recover from multiple strikes and a decline in production, certain aspects of selling or acquiring production facilities may become important to consider, as these assets are valued very differently from typical commercial real estate properties, say attorneys at Olshan Frome.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Back To The Future? Antitrust Enforcement Under Trump 2.0
While the transition to the second Trump administration's antitrust policy should be accompanied by less uncertainty, we're unlikely to get a full sense of the true focus and tenor of competition enforcement under Trump 2.0 before late next year, say attorneys at Simpson Thacher.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion
Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Expect More State Scrutiny Of PE In Healthcare M&A
While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.
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3 Changes Community Banks Should Expect Under Trump
A second Trump administration promises a sea change for regional and community banks, including shifts in the regulatory environment, Community Reinvestment Act rules and the M&A landscape, say attorneys at Manatt.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.