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Private Equity
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March 06, 2024
Ex-Google Software Engineer Stole AI Secrets, Feds Say
A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.
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March 06, 2024
Weber Stockholders Vie For Chancery Suit Over $3.7B Deal
The competition among former Weber Inc. stockholders who sued over the grill maker's $3.7 billion squeeze-out by BDT Capital Partners LLC heated up Wednesday in Delaware's Court of Chancery as more than a dozen firms on teams led by Scott + Scott Attorneys at Law LLP, Friedlander & Gorris PA and Prickett Jones & Elliot PA battled to lead a consolidated class suit.
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March 06, 2024
Sports Illustrated Betting Platform To Be Shut Down
The turmoil at Sports Illustrated continued Wednesday as its partner 888 Holdings PLC announced that it was terminating its sportsbook agreement with the brand's parent company, saying the scale of operating costs in the United States has made the venture untenable.
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March 06, 2024
M&A Values Getting Boost Amid Election-Year Scramble
The value of U.S. mergers and acquisitions as of Wednesday has doubled year over year, as economic concerns subside and deal-makers scramble to get deals done in an election year, but middle-market transaction activity isn't panning out as some had hoped.
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March 06, 2024
50 Lawmakers Urge FTC To Probe Oil And Gas Consolidations
A group of 50 lawmakers on Wednesday urged the Federal Trade Commission to investigate a recent string of mergers and acquisitions in the oil industry, saying this "longstanding consolidation trend" threatens to reduce choice and competition across the supply chain, suppress wages and make gas at the pump more expensive.
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March 06, 2024
NYCB Gets $1B Infusion, Names Ex-OCC Chief As CEO
New York Community Bancorp Inc. has lined up a $1 billion investment from several institutional investors, including former U.S. Secretary of the Treasury Steve Mnuchin's firm, in a deal guided by Skadden Arps Slate Meagher & Flom LLP and Sullivan & Cromwell LLP.
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March 06, 2024
Biopharmaceutical Biz Closes $259M Upsized Funding Round
South San Francisco, California-based clinical-stage biopharmaceutical company Alumis Inc. on Wednesday announced that it closed its upsized Series C funding round after securing $259 million from venture capital investors.
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March 20, 2024
Fried Frank Hires 3 Private Equity Pros From Goodwin Procter
Fried Frank Harris Shriver & Jacobson LLP has said it has snapped up three partners from Goodwin Procter LLP to join its London mergers and acquisitions private equity practice.
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March 06, 2024
PE Firm Continues Shedding Stake In Ads Biz For £47M
An investment company backed by private equity firm Apax Partners said Wednesday that it has diluted its stake in online classifieds group Baltic Classifieds Group PLC and raised £47.3 million ($60.2 million) in the process.
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March 05, 2024
Oro Negro Bondholders Want Quinn Emanuel Sanctioned
Bondholders in Mexican oil and gas company Perforadora Oro Negro asked a Florida judge on Tuesday to sanction Quinn Emanuel Urquhart & Sullivan LLP for continuing to represent the company's founders in a $30 million dispute despite a disqualification order.
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March 05, 2024
Wash. Appeals Judges Balk At Pot Investor's 2nd Fraud Suit
A three-judge panel of Washington state appeals court judges appeared frustrated Tuesday with an investor who permanently dropped a fraud case against partners in a failed cannabis venture but then filed related claims in a neighboring county, questioning how he could argue he needed to wait for the second salvo to ripen when an email explicitly states otherwise.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
FTC Chair Decries PE's Healthcare Impacts As Probe Starts
Federal Trade Commission Chair Lina Khan on Tuesday lamented what she deemed the "financialization" of healthcare resulting from private equity buyouts, in remarks coinciding with the launch of a multijurisdictional request for public comment on PE and other companies' growing control over the healthcare system.
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March 05, 2024
$1.2B 'King Of Pop' Music Catalog Deal Leads Top 10 Ever
As a stable asset class that has fared well amid economic uncertainty, music catalogs have attracted much attention from both private equity firms and music industry corporations that are attuned to increasingly lucrative royalty fees and spikes in music streaming. Here, Law360 breaks down the largest music catalog-related asset sales ever, based on official announcements and media reports.
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March 05, 2024
EV Maker Proterra's Ch. 11 Plan Gets Thumbs-Up In Del.
A Delaware bankruptcy judge on Tuesday approved the reorganization plan of commercial electric vehicle technology company Proterra, which entered Chapter 11 to overhaul nearly $200 million in funded debt, overruling a handful of remaining objections.
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March 05, 2024
Carrier Inks $1.4B Fire Biz Deal As Part Of Strategic Exit Plan
Carrier Global Corp. said Tuesday it has struck an agreement to sell its industrial fire business to Sentinel Capital Partners for $1.425 billion, the latest step in the company's strategic plan to sell off certain business units and focus on its core ventilation business.
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March 05, 2024
EQT Lands $3.3B For Climate And Health Investments
Swedish private equity giant EQT, advised by Kirkland & Ellis LLP, on Tuesday announced that it clinched its EQT Future Fund after securing €3 billion ($3.3 billion) in commitments, which will be used to invest across the climate and nature and health and well-being sectors.
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March 05, 2024
Disruptor Bank Monzo Valued At $5B After $430M Fund Raise
Monzo Bank Ltd. said Tuesday that it has raised $430 million in its latest funding round, boosting the valuation of the British challenger bank to $5 billion as it eyes accelerating expansion.
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March 04, 2024
Turkey Cos., Burford Unit Fight Over Refused Swap's Meaning
Turkey giants like Cargill, Perdue and Tyson trying to evade price-fixing allegations traded blows Friday in Illinois federal court with a Burford Capital affiliate over the meaning of a federal magistrate judge's ruling in separate litigation refusing to let a different Burford affiliate swap in as a plaintiff.
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March 04, 2024
FERC Slams Brakes On $1.1B Bridgepoint-ECP Deal
The Federal Energy Regulatory Commission has blocked U.K. asset manager Bridgepoint Group PLC's proposed £835 million ($1.1 billion) purchase of Energy Capital Partners LP, saying the companies haven't shown the merger wouldn't affect competition in U.S. electricity markets.
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March 04, 2024
2 Ex-Latham Attys Join Freshfields As PE Practice Expands
Freshfields Bruckhaus Deringer LLP welcomed two former Latham & Watkins LLP private equity mergers and acquisitions partners to its practice in New York on Monday, coinciding with the firm's strategy of expanding its private capital services globally.
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March 04, 2024
Activist Investors Up Macy's Takeover Offer To Roughly $6.6B
Arkhouse Management Co. and Brigade Capital Management have boosted their offer to buy Macy's to roughly $6.6 billion from $5.8 billion, propelling the retailer's stock to a nearly 14% rally on Monday.
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March 04, 2024
Catching Up With Delaware's Chancery Court
A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap-down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.
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March 04, 2024
Sullivan & Cromwell-Led United Rentals Paying $1.1B For Yak
Sullivan & Cromwell LLP is representing equipment rental giant United Rentals in a new agreement to buy the Yak roadway matting business from Morgan Lewis-guided Platinum Equity for $1.1 billion, United said in a statement Monday.
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March 04, 2024
Vista Outdoor Rejects $2B Takeover Bid From MNC Capital
Vista Outdoor Inc. has rejected a $2 billion takeover bid from MNC Capital Partners LP, saying the proposal does not take into account increased earnings the company will see when it separates its outdoor and sporting goods divisions.
Expert Analysis
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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What Constitutes A Sale Of 'All' Company Assets In Del.
The recent ruling in Altieri v. Alexy by the Delaware Chancery Court is a useful reminder of the facts-intensive and nuanced nature of the judicial analysis as to what constitutes a sale of all or substantially all of a company's assets, and provides helpful guidance as to the factors the court views as most critical in making the determination, say attorneys at Fried Frank.
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Despite Economic Ambiguity, Restructuring Still Strong In '23
Although the economy refuses to conform to any predictable script and public perception is middling at best, there's nothing confusing about restructuring activity in 2023, and it seems that restructurings will remain elevated at least through the end of the year and likely longer, says Michael Eisenband at FTI Consulting.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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5 Strategies For Restructuring Underperforming CRE Loans
With commercial real estate industry conditions expected to deteriorate further in the coming months, market participants should consider a number of strategies to help resolve challenged investments, ranging from financial restructurings to project phasing, say attorneys at Ballard Spahr.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
The Supreme Court Can't Fix The SEC's In-House Court Issue
The U.S. Supreme Court agreed to hear an appeal of the Fifth Circuit's decision in Jarkesy v. U.S. Securities and Exchange Commission that, if upheld, could shutter the in-house courts used by the SEC to litigate many of its enforcement cases, but a constitutional challenge to these courts is probably too blunt an instrument for the job, says David Slovick at Barnes & Thornburg.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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How NY Law Affects Scrutiny Of Health Care PE Transactions
A recently passed New York law will strengthen pretransanction notification requirements for health care entities — particularly those backed by private equity — but contains several ambiguities that will hopefully be clarified before the law takes effect in August, say attorneys at Norton Rose.
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Case Law Is Mixed On D&O Coverage For Gov't Investigations
As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.
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Using Agreements To Cover Gaps In Hydrogen Storage Regs
The Inflation Reduction Act's incentives for energy storage have spurred investment in hydrogen storage and production, but given the lack of comprehensive regulations surrounding the sector, developers should carefully craft project and financing agreements to mitigate uncertainties, say Omar Samji and Sarah George at Weil, and attorney Manushi Desai.