Mergers & Acquisitions

  • May 26, 2020

    Gray's North Dakota TV Station Buy Foiled By FCC

    Broadcasting bigwig Gray Television had its plans to pick up a North Dakota television station thwarted by the Federal Communications Commission, which effectively blocked the sale by finding that the station's license had expired due to nonuse.

  • May 26, 2020

    Centennial Wants $10M For Failed $150M Saltwater Well Deal

    A Centennial Resource Development unit has asked a Houston-area court to help it recover $10 million from a busted deal with a Texas midstream company that allegedly got cold feet and backed out of a $150 million saltwater disposal well deal at the last minute.

  • May 26, 2020

    Medical Co. To Buy Solara, ActivStyle Suppliers For $487M

    A U.S. home medical equipment company announced plans Tuesday to purchase the country's largest independent distributor of blood sugar monitors and another medical equipment business for a total of $487 million.

  • May 26, 2020

    Shearman Guides $80M Investment In Benefits Co.

    Employee benefits company Benefitfocus said Tuesday investment group BuildGroup was taking an $80 million stake in the business in a deal led by Shearman & Sterling LLP and North Carolina firm Wyrick Robbins Yates & Ponton LLP.

  • May 26, 2020

    EU Probe Puts Air Canada's Transat Deal In Holding Pattern

    European regulators are putting Air Canada's $544 million deal to acquire Transat under a microscope because the two airlines fly many of the same routes between Canada and Europe, leading to worries that merging them could reduce competition for transatlantic air travel.

  • May 26, 2020

    Texas Banks Mutually End $3.07B Merger Over Coronavirus

    Texas Capital and Independent Bank Group have decided to terminate their planned $3.07 billion stock merger due to market turmoil caused by the coronavirus, the companies said Tuesday, marking the latest in a series of significant transactions to be called off because of the pandemic.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Curtis Expands In Milan With 2 Tax Partners And Counsel

    Curtis Mallet-Prevost Colt & Mosle LLP has added a pair of attorneys with experience in legal actions involving global brands such as Gucci and Parmalat to its Milan office, along with a new tax counsel.

  • May 22, 2020

    Akorn Gets OK To Tap Into $30M Ch. 11 Funds

    Specialty pharmaceutical giant Akorn Inc. was cleared Friday by a Delaware judge to tap into its $30 million debtor-in-possession loan as it seeks a Chapter 11 buyer for its assets with a floor bid worth roughly $1 billion in place from secured lenders.

  • May 22, 2020

    FTC Attys Talk COVID-19's Impact On Hospital M&A Oversight

    Hospitals reeling from COVID-19's financial body blow might pursue consolidation to regain their balance, but pocketbook pain will need to be serious to have any chance of offsetting competition concerns, top Federal Trade Commission attorneys told Law360 in an exclusive interview.  

  • May 22, 2020

    Caprock Midstream Hit With $9.5M Suit Over Merger Deal

    Caprock Midstream has been accused in Texas state court of tricking a Blackstone Energy Partners-owned midstream energy company into a $950 million merger by withholding information about various liabilities and potential claims during negotiations.

  • May 22, 2020

    Virus Set To Extend Already Growing Merger Times

    The uncertainty of getting a merger vetted by antitrust authorities while COVID-19 ravages markets means companies will likely be giving themselves even more time to complete the deal, a cushion that one study indicates has already been growing to compensate for lengthening investigations.

  • May 22, 2020

    Coronavirus Q&A: Skadden's National Security Head

    In this installment of Coronavirus Q&A, Skadden's top national security lawyer discusses the pandemic's profound effect on regulatory processes for domestic and international deals, including issues related to the Committee on Foreign Investment in the United States.

  • May 22, 2020

    Philly Hospital Fights Bid To Quash Subpoena In Merger Case

    Albert Einstein Healthcare Network has told a Pennsylvania federal court that it needs documents from an area nursing home operator to show they compete against each other as it tries to fend off a merger challenge from the Federal Trade Commission and the state.

  • May 22, 2020

    Willkie Adds Former McGuireWoods Houston Office Head

    The former managing partner of McGuireWoods LLP's Houston office has joined Willkie Farr & Gallagher LLP as a partner in its mergers and acquisitions practice, the firm has announced.

  • May 22, 2020

    Is The Future Of The Annual Shareholder Meeting Online?

    The coronavirus pandemic has forced a reckoning for in-person shareholder meetings. This year's necessary migration to virtual meetings could erode some of the traditional opposition to online formats, but attorneys say widespread adoption in the future isn't inevitable.

  • May 22, 2020

    Technology Deal Pro Leaves Kirkland For Perkins Coie

    A former Kirkland & Ellis LLP partner with extensive experience guiding clients, including Facebook and Boeing, through technology-related transactions has joined Perkins Coie LLP's Chicago office.

  • May 22, 2020

    Commercial Transactions Partner Joins Lewis Brisbois In Fla.

    Lewis Brisbois has added a new partner in its Fort Lauderdale, Florida, office who brings extensive experience handling a variety of commercial transactions and regulatory matters, especially involving the maritime and cruise industries.

  • May 22, 2020

    Marston's, Carlsberg Ink Deal To Form £780M UK Brewing JV

    Marston's and Carlsberg have agreed to form a British brewing joint venture that is valued at roughly £780 million ($951 million) and will house brands including Pedigree, Hobgoblin and Danish Pilsner beers, the companies said Friday.

  • May 22, 2020

    Simpson Thacher Hires Goldman Sachs Atty As M&A Partner

    Simpson Thacher & Bartlett LLP said last Tuesday that it added a former Goldman Sachs attorney as a partner for its mergers and acquisitions team in New York.

  • May 21, 2020

    SEC Urged To Establish ESG Disclosure Policies

    A U.S. Securities and Exchange Commission advisory committee that advocates for investors on Thursday urged the SEC to establish disclosure policies regarding environmental, social and governance, or ESG, topics, arguing that more investors want reliable information on these matters before making investment and voting decisions.

  • May 21, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's workers say unsafe practices at some of the fast food giant's restaurants could endanger public health, students are suing over technical issues with online Advanced Placement exams, and the Sixth Circuit held this week that COVID-19-related loans can't be withheld from strip clubs and adult novelty stores. Here's a breakdown of some of the coronavirus-related cases from the past week.

  • May 21, 2020

    Gray Urges Justices To Rein In 3rd Circ. On Media Ownership

    Gray Television has urged the U.S. Supreme Court to uphold the FCC's most recent media ownership deregulation and called for the justices to reverse the Third Circuit stance that the agency has not justified relaxing the long-standing limits on broadcast station ownership.

  • May 21, 2020

    Judge Urges End To Suit Over Papa Murphy's $190M Merger

    A Washington federal magistrate judge recommended pizza chain operator Papa Murphy's and its financial adviser be dismissed from a putative securities class action accusing the pick-up and delivery company of downplaying its finances ahead of a $190 million merger that allegedly gave investors too small of a slice.

  • May 21, 2020

    SEC Eases Disclosure Rules Related To Acquisitions

    The U.S. Securities and Exchange Commission on Thursday amended disclosure rules companies must provide when buying and selling businesses, despite a sharp dissent from a commissioner who said the action will reduce transparency for investors.

Expert Analysis

  • Using The M&A Slowdown To Prepare A Portfolio Co. For Sale

    Excerpt from Lexis Practice Advisor
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    Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Texas Case Could Put Electronic Agreements In Jeopardy

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    A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.

  • 2 New Accounting Fraud Cases Offer Lessons For Boards

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    Luckin Coffee and TAL Education Group — two high-profile Chinese companies listed in the U.S. — recently announced suspected cases of colossal revenue fraud, and these case studies may help companies recognize the germinating seeds of accounting fraud, say Fabian Roday at Fangda Partners and William Fotherby at Meredith Connell.

  • CFIUS Proposal May Disproportionately Hit Certain Countries

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    A recent Committee on Foreign Investment in the United States proposal would change the trigger for mandatory CFIUS filing from industry group designation to nationality-based export controls, facilitating investment from favored countries while discouraging investment from others, say attorneys at Arnold & Porter.

  • Human Rights Are Becoming A Compliance Issue

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    A recent commitment from the European Union's commissioner for justice to introduce rules for mandatory corporate human rights due diligence next year may signal the arrival of this issue as a global business imperative, making it as fundamental as anti-corruption diligence, say attorneys at Paul Hastings.

  • 5 Things To Expect In Vertical Merger Reviews

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    Based on their experience working on the CVS Health-Aetna merger, Rani Habash at Dechert and Steven Tenn and Omar Farooque at Charles River Associates provide insight into how the antitrust agencies are likely to assess vertical issues in proposed transactions.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Key Tax Factors To Consider Before Accepting PPP Loans

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    Taxpayers should weigh the costs and benefits of Paycheck Protection Program loans, as they affect the deductibility of certain costs of doing business and invalidate employee retention tax credits, also available under the Coronavirus Aid, Relief, and Economic Security Act, say Libin Zhang and Xenia Garofalo at Fried Frank.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Performance Vesting Is Trickier Than You Think

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    Despite the general ubiquity of performance-based vesting in the capital structures of post-buyout and other growth companies, it is surprising how little attention is often paid to how performance vesting actually works, say John LeClaire and Chris Wilson at Goodwin.

  • 7 Tips On Using Data To Improve Corporate IP Amid Slowdown

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    Experience working through past recessions suggests that companies should strategically reevaluate their intellectual property through data collection and analysis to improve the breadth and adaptability of their portfolios, says Robert Kramer at Finnegan.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • What COVID-19 Means For The M&A Insurance Market

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    Alvin Reynolds and Richard French at Atlantic Global Risk address the impact of COVID-19 on M&A insurance market dynamics, policy terms and claims, and explain new applications to support distressed transactions. 

  • A Vertical Challenge May Have Fared Better In Sabre Merger

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    A vertical challenge may have been the U.S. Department of Justice's best chance to block the Sabre-Farelogix merger — subsequently blocked by an adverse United Kingdom ruling — as well as an opportunity to test its new vertical merger draft guidelines, say James Fishkin and Dennis Schmelzer at Dechert.

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