Mergers & Acquisitions

  • July 14, 2020

    In Their Words: Why Diversity At The Bar Is Still A Problem

    SEP SUMM --- READY FOR GRAPHICS --- Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.

  • July 14, 2020

    The Year's Top High Court Moments From Law360's The Term

    Remote arguments. Gorsuch siding with liberals on LGBTQ rights. A mysterious flush. It's been a surprising year at the high court, and Law360's The Term podcast team shares four big takeaways.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    UK Eyeing Conditions On Stryker's $4B Wright Medical Deal

    Stryker's $4 billion plan to snap up a rival medical technology giant might soon be waved forward by the U.K.'s competition enforcer, which indicated Tuesday that its blessing may be forthcoming.

  • July 14, 2020

    Google Offers EU Fixes For $2B Fitbit Deal

    Google has submitted proposed commitments to address concerns from the European Union's antitrust enforcer about the tech giant's planned $2.1 billion purchase of fitness tracking device maker Fitbit, according to a posting on the European Commission's website.

  • July 14, 2020

    Bracewell Lands Ex-Baker Botts Transactional Tax Partner

    Bracewell LLP has brought on a former Baker Botts LLP partner experienced in advising companies on transactional tax matters to the firm's tax practice in Washington, D.C.

  • July 14, 2020

    Dentons Steers RSG Group In $100M Gold's Gym Ch. 11 Buy

    European fitness company RSG Group said Tuesday it is buying Gold's Gym out of pandemic-induced bankruptcy for roughly $100 million, a move that Dentons-steered RSG Group expects will expand its U.S. footprint.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    EQT, TA Associates Buy Enterprise Software Co. In €3B Deal

    An EQT fund and TA Associates agreed to buy Swedish enterprise software maker IFS in a deal valued at more than €3 billion ($3.4 billion), according to a Tuesday statement.

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 14, 2020

    Shareholders Expand Suit After Fintech Abandons $1.7B Deal

    More shareholders have joined a lawsuit in England against WEX Inc. after the financial technology company said it could walk away from a $1.7 billion deal to buy two travel payment businesses because of the effects of the coronavirus pandemic.

  • July 13, 2020

    7th Circ. Won't Overturn Exec's Win In $1.5M Merger Loan Suit

    The Seventh Circuit held Friday that the owner of a chemical importer doesn't have to repay a $1.5 million loan he took out in connection with a merger, upholding a finding the obligation ended when the merger was unraveled.

  • July 13, 2020

    Zohar Can Continue Ch. 11 Sale Plans Despite End Of Stay

    A Delaware federal judge on Monday upheld a September bankruptcy court decision that the sale of the Zohar Funds portfolio companies must continue despite the end of the stay of litigation between the funds and founder Lynn Tilton.

  • July 13, 2020

    Chancery Won't Toss $189M Jefferies-HomeFed Merger Suit

    Diversified financial company Jefferies Financial Group Inc. and seven HomeFed Corp. directors on Monday lost a bid for dismissal of a Chancery Court suit accusing them of unfair conduct in a $189 million, two-for-one stock deal that gave Jefferies all HomeFed stock not already owned by the financial company.

  • July 13, 2020

    Billionaire Ackman's Blank-Check Co. Lifts Record IPO To $4B

    A blank-check company launched by billionaire investor William Ackman's hedge fund Pershing Square upped the price for its initial public offering to $4 billion Monday, further securing its status as the largest ever blank-check vehicle, in a deal advised on by Cadwalader Wickersham & Taft LLP and Ropes & Gray LLP.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Live Nation Rips Ticket Buyers' Antitrust 'Fishing Expedition'

    It doesn't matter how many times two concertgoers had to click on the terms of use agreements on Ticketmaster and Live Nation's websites — they still agreed to arbitrate any legal claims, the companies have told the California federal court overseeing the pair's antitrust case.

  • July 13, 2020

    Axon Wants FTC's In-House Judge DQ'd In Merger Dispute

    The Federal Trade Commission is mulling a motion by Axon Enterprise Inc. to disqualify the agency's in-house judge from an administrative challenge to the company's purchase of a body camera supplier after the judge refused to step aside Friday.

  • July 13, 2020

    Fisker To Go Public In $2.9B Deal With Apollo-Backed SPAC

    Electric vehicle maker Fisker said Monday that it will be purchased and taken public by a blank-check company affiliated with Apollo Global Management Inc. in a $2.9 billion deal steered by Orrick Herrington & Sutcliffe LLP and Vinson & Elkins LLP.

  • July 13, 2020

    Freshfields, Fenwick Guide HPE's $925M Silver Peak Purchase

    Freshfields-guided Hewlett Packard Enterprise said Monday it's buying Fenwick-led technology company Silver Peak for $925 million and that the deal will complement its own business in the software-defined wide area network space.

  • July 13, 2020

    Hedge Fund's Bid For McClatchy Heads To Judge Next Week

    Hedge fund Chatham Asset Management's bid for McClatchy Co. will go before a New York bankruptcy judge for approval before the end of July, the newspaper chain has announced.

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

  • July 13, 2020

    Cromwell Property, Stratus Form $1B Data Center Fund

    Cromwell Property Group has formed a venture with Stratus Data Centres to manage a new data center fund that will target $1 billion worth of investments, the companies announced on Monday.

  • July 13, 2020

    SiriusXM Inks $325M Podcast Buy Led By Weil, BakerHostetler

    SiriusXM will pay up to $325 million for the business behind podcasts including "Comedy Bang! Bang!" and "Conan O'Brien Needs a Friend," the companies said Monday, in a deal put together with help from Weil and BakerHostetler.

Expert Analysis

  • Add-On Acquisitions As An M&A Strategy During COVID-19

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    Because the troubles stifling general M&A activity during the pandemic are less germane to add-on acquisitions, private equity sponsors and other investors should consider them as a strategy for efficiently deploying capital in the near term, say attorneys at Morrison Cohen.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • 5 Compliance Lessons From Novartis' FCPA Settlement

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    Novartis' parallel settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission to resolve criminal Foreign Corrupt Practices Act allegations emphasize risk points for life sciences companies, especially for repeat offenders, say attorneys at Paul Hastings.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Highlights From OECD Roundtable On Conglomerate Mergers

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    The issue of creating a special standard for digital platform mergers — discussed at the Organization for Economic Cooperation and Development's recent off-the-record roundtable on trends in the conglomerate effects of mergers — raises several questions, says David Pearl at Axinn.

  • 5 Emerging Trends In Growth Equity Deals

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    Growth equity investments in mid- to late-stage private companies are marching on despite the pandemic, but there has been a noticeable shift in certain aspects of these deals, particularly around key economic protections for investors, say Cameron Contizano and Alese Bagdol at Goodwin.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • CFIUS Real Estate Transaction Review Fees Demand Caution

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    With the Committee on Foreign Investment in the United States' recent establishment of filing fees for reviewing foreign participation in real estate transactions, U.S. companies should be more mindful of whether their transactions could require a review, say Paul Nash and Andrew Demirchyan at Allen Matkins.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • 3 Lessons From Updated FCPA Resource Guide

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    The U.S. Department of Justice and U.S. Securities and Exchange Commission's recently released Foreign Corrupt Practices Act guide offers important lessons on recent enforcement policies and interpretations, solicitude toward acquiring companies, and noteworthy trends in enforcement activity, say Andrew Weissmann and Christine Braamskamp at Jenner & Block.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • How COVID-19 May Change Environmental M&A Due Diligence

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    As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.

  • Cannabis Industry Mergers May Soon Face Less DOJ Scrutiny

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    Cannabis companies should expect that transactions will likely no longer be held to the almost impossibly high antitrust bar that Attorney General William Barr set for them last year, following the adverse publicity associated with recent testimony before the Senate Judiciary Committee, say attorneys at Manatt.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • A Guide To Drafting Enforceable Arbitration Clauses

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    In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag.

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