Mergers & Acquisitions

  • February 24, 2017

    Share Gain Defended, Fee Disputed In Dell Appraisal Appeal

    Dell Inc. stockholder attorneys who won a 28 percent bump in share prices after a Delaware Chancery Court challenge to a $24.9 billion go-private buyout told Delaware’s Supreme Court late Thursday that justices should either uphold the price over Dell’s objections or take it higher.

  • February 24, 2017

    Judge's Anthem-Cigna Analysis Unfair, Economists Say

    A D.C. federal judge unfairly held Anthem and Cigna to higher standards than the U.S. Department of Justice when assessing potential benefits and costs of a proposed merger, economists and scholars told the D.C. Circuit on Friday.

  • February 24, 2017

    Ex-Lemon Execs Say Calif. Case Should Halt LifeLock IP Suit

    Former executives of Lemon LLC told a Delaware Chancery judge Friday that a suit over intellectual property brought by LifeLock Inc. should be tossed because the same issues have been raised in a California action that has been stayed in that venue, arguing that Delaware precedent prevents overlapping litigation.

  • February 24, 2017

    Cynosure Investors Sue To Block $1.4B Hologic Merger

    Shareholders in medical aesthetics company Cynosure Inc. filed suit in Massachusetts federal court Friday to halt the company’s proposed $1.44 billion sale to Hologic Inc., saying they don’t have enough information to ensure the cash purchase is a good deal.

  • February 24, 2017

    FCC Chief Wants To Nix Charter Merger Overbuild Condition

    Federal Communications Commission Chairman Ajit Pai floated a measure Thursday to cut an Obama-era merger condition placed on last year’s deal between Time Warner Cable and Charter Communications that forces the company to offer services in some already-served areas.

  • February 24, 2017

    Pa. PE Firm's Pretrial Deal With Co. Minority Owners Fails

    A potential settlement that would have released the minority owners of a network infrastructure company from a lawsuit brought by one of Pennsylvania’s largest private equity firms alleging they misrepresented the value of their asset collapsed Friday, after a federal trial had been postponed because of the pending agreement.

  • February 24, 2017

    Weil Lures PE Partner From Gibson Dunn

    A former Gibson Dunn partner who has represented financial advisers in private equity-backed deals with Sheridan Healthcare Inc. and Burger King has joined Weil Gotshal & Manges LLP in New York.

  • February 24, 2017

    IBM Asks Judge To Toss 'Amorphous' Revamped ERISA Suit

    IBM on Friday urged a New York federal judge to throw out the second amended complaint in a putative class action by employees alleging that fraud involving the sale of its troubled microchip division made its stock plunge, saying the new filing merely repeated deficient claims from the earlier dismissed complaint.

  • February 24, 2017

    Deals Rumor Mill: Terra Firma, FNB, Royal Bank Of Canada

    U.K. PE shop Terra Firma is looking to sell its U.S. wind energy business, the Federal Reserve will greenlight F.N.B.'s $1.4 billion acquisition of fellow bank Yadkin Financial and Royal Bank of Canada is mulling a sale of its Asian wealth management business.

  • February 24, 2017

    Taxation With Representation: Kirkland, Vinson, O'Melveny

    In this week’s Taxation With Representation, Tronox snaps up chemical mining and processing company Cristal for $2.2 billion, satellite communications company MDA acquires DigitalGlobe while valuing it at $2.4 billion, and Restaurant Brands International buys Popeyes in a $1.8 billion deal.

  • February 24, 2017

    VCA Investor Pushes For More Details On $9.1B Sale To Mars

    A VCA Inc. shareholder launched a putative class action Thursday against the pet health care services company, contending in a California federal court that the disclosures surrounding a planned $9.1 billion takeover by candy and consumer brands conglomerate Mars Inc. lacked key financial information and details about a potential private equity suitor.

  • February 24, 2017

    Advent Lobs €3.6B Offer To Buy German Health Care Co.

    Private equity giant Advent International Corp. has officially offered to buy German health care products company Stada Arzneimittel AG in a deal valuing the business at about €3.6 billion ($3.8 billion), the companies said Thursday.

  • February 24, 2017

    Don't Miss It: Hot Deals & Firms We Followed This Week

    With so much mergers and acquisitions news this week, you may have missed several deals announced in recent days helmed by firms such as Baker & McKenzie and Paul Hastings. Here, Law360 recaps the ones you might have missed.

  • February 24, 2017

    New Zealand Regulators Block $2.4B Vodafone, Sky Deal

    Vodafone Group PLC’s plans to merge its New Zealand unit with Sky Network Television Ltd. hit a roadblock on Thursday, when New Zealand’s antitrust watchdog found that the $2.4 billion combination would reduce competition in the broadband and mobile telecommunications markets.

  • February 24, 2017

    AES, Alberta Investment Pay $853M For Solar Co. sPower

    AES Corp. and Alberta Investment Management Corp. have agreed to pay about $853 million to acquire the largest independent owner, operator and developer of utility-scale solar assets in the U.S. from private equity firm Fir Tree Partners, the companies said Friday.

  • February 24, 2017

    Vinson Guides MDA In $2.4B Deal For Satellite Imagery Co.

    Satellite communications company MacDonald Dettwiler and Associates Ltd. said Friday that it has agreed to acquire DigitalGlobe Inc. in a cash and stock deal valuing the earth imagery outfit at CA$3.1 billion ($2.4 billion) before debt, with guidance from Vinson & Elkins LLP.

  • February 23, 2017

    Viacom Slips Suit Claiming It Hid MMA Promoter's Revenue

    A Delaware federal judge on Thursday tossed a suit by a minority shareholder in a mixed martial arts promotion company accusing Viacom Inc. of using a controlling stake to withhold both revenue and financial performance data from the promoter’s shareholders, ruling Viacom didn’t control the promoter.

  • February 23, 2017

    DLA Piper Adds Corporate M&A Partner From Mayer Brown

    DLA Piper announced Wednesday that its New York office has nabbed a corporate partner specializing in mergers and acquisitions from Mayer Brown.

  • February 23, 2017

    FCC Approves 1st Foreign Co. Broadcast Station Ownership

    The Federal Communications Commission for the first time ever has allowed a fully foreign-owned company to take ownership of 15 U.S. radio broadcast stations, in a decision on Thursday that approved a petition to let an Australian couple take on several stations in Alaska and Texas.

  • February 23, 2017

    Shareholders Hit Ixia With Suit Over $1.6B Keysight Merger

    Shareholders of data technology firm Ixia sued the company, its board of directors and its proposed buyer Keysight Technologies Inc. in California federal court on Thursday, saying the deal should be stopped because the companies failed to disclose important information regarding the acquisition.

Expert Analysis

  • What AIG Deal With Berkshire Means For Policyholders

    Robin Cohen

    American International Group recently announced that it will pay Berkshire Hathaway around $10.2 billion to assume some of AIG's long-term risks under U.S. insurance policies. This may pose problems for policyholders, as companies like Berkshire Hathaway actively seek to delay payment of quintessential long-tail liabilities like asbestos claims, say Robin Cohen and Elizabeth Sherwin of McKool Smith PC.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • Latest Twist In The Merger Objection Lawsuit Saga

    Kevin M. LaCroix

    A New York appellate court’s recent decision in Gordon v. Verizon presents a number of important suggestions on the future direction of merger objection lawsuits, and raises the question of whether New York will become an attractive forum for such cases, says Kevin LaCroix of RT ProExec.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Upcoming Revenue Recognition Changes Will Affect M&A

    Frank A. Lazzara

    In 2018, the regulatory landscape surrounding revenue recognition will change for many companies. Deal makers will need to ensure they understand the impact of the new standard on historical results and that any purchase price mechanisms properly reflect the intentions of each party, say Frank Lazzara and John Sullivan of FTI Consulting Inc.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Consensus Returns On Corporate Insurance Transfers In M&A

    Michael H. Ginsberg

    The California Supreme Court recently reversed its 2003 decision in Henkel v. Hartford, where it previously held that a no-assignment clause will bar the transfer of insurance coverage rights to a successor entity. The clear majority trend among courts across the country is to uphold the ability of parties to transfer coverage in corporate transactions and prevent the forfeiture of historical insurance assets, say Michael Ginsberg ... (continued)

  • Data Dexterity: The New Moat Of The Information Economy

    Brian H. Lam

    Over the past year, companies have used data-based competitive advantage, or “moats,” to drive astronomic acquisition prices. In this article, Brian Lam of Mintz Levin Cohn Ferris Glovsky and Popeo PC introduces the concept of “data dexterity” as the actual creator of data-based moats and analyzes the data interactions of LinkedIn, Dollar Shave Club and AppDynamics to illustrate how data dexterity exists in practice.

  • Health Care Deal Predictions From '17 JP Morgan Conference

    Amber McGraw Walsh

    Not surprisingly, many different views emerged at this year's J.P. Morgan Healthcare Conference on the future state of the Affordable Care Act and what it would mean for investors. After a long and seemingly endless cycle of election analysis, we’re happy to report some deal trends and predictions of our own, say attorneys with McGuireWoods LLP.

  • Del. High Court's Volcano Ruling Confirms Corwin's Potency

    Gail Weinstein

    The Delaware Supreme Court's recent decision in Volcano Stockholders Litigation is consistent with the Delaware courts’ continued expansive interpretation of the seminal Corwin v. KKR Financial decision, which has resulted in a strong trend of early dismissal of post-closing damages actions challenging noncontroller M&A, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.