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Private Equity
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March 01, 2024
Avalara Beats Investors' $8.4B PE Buyout Challenge For Good
A Washington federal judge refused Friday to give another chance to a proposed shareholder class action alleging Avalara lied to win investors' support for an $8.4 billion private equity buyout, in an order finding the lead plaintiff failed again to show the tax software company made false statements.
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March 01, 2024
MNC Capital Enters Vista Outdoor Takeover Fray With $2B Bid
MNC Capital Partners LP has submitted a proposal to acquire Vista Outdoor Inc. for $2 billion, despite Vista entering a merger agreement last year to be acquired by a different company, according to Friday statements.
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March 01, 2024
Network Co. Directors Sue In Chancery To Stop Power Grab
A power struggle at network connectivity services provider PacketFabric Inc. hit Delaware's Court of Chancery on Thursday, with an investor and two directors suing for a court declaration that they are still members of the board.
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March 01, 2024
Judge Doubts Drowsy Juror, Mask Rules Warrant New VC Trial
A California federal judge expressed doubts Friday over claims that self-described "millennial" venture capitalist Michael Rothenberg deserves a new trial because of a drowsy juror and the court's COVID-19 mask rules, saying he disagrees that the juror was asleep and "welcomes" the Ninth Circuit's guidance on courtroom-masking requirements.
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March 01, 2024
Thoma Bravo Ups Everbridge Deal Size By $300M, To $1.8B
Cooley LLP-advised software company Everbridge said Friday that Kirkland & Ellis LLP-led Thoma Bravo has agreed to up its proposed acquisition of Everbridge to $35 per share from $28.60, boosting Everbridge's implied value on the transaction from $1.5 billion to $1.8 billion and sending its stock soaring an additional 25%.
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March 01, 2024
Avista Capital Partners Closes $1.5B Healthcare Fund
Private equity firm Avista Capital Partners announced Friday that it had closed a $1.5 billion fund advised by Kirkland & Ellis focused on investments in the healthcare industry.
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March 01, 2024
Hogan Lovells, Choate Guide Pro Pickleball Merger To Close
Hogan Lovells and Choate Hall & Stewart LLP are the law firms that represented MLP by Margaritaville and Carvana PPA Tour, respectively, in their newly closed, $75 million-backed pro pickleball merger, Law360 learned Friday.
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March 01, 2024
SPAC New Energy One To Wind Up Amid UK Deal Drought
Blank-check company New Energy One said Friday it has decided to dissolve itself as it could not acquire a target business since it listed on the London Stock Exchange in March 2022, because of "challenging U.K. public equity market conditions."
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March 01, 2024
Mike Ashley Widens Claims In £10M Loan Fight With Financier
Former Newcastle United owner Mike Ashley has added fresh allegations to his legal claim against financier Amanda Staveley over a £10 million ($12.6 million) loan, claiming she breached the deal by using proceeds earmarked to help fund the takeover of the club to pay a consultant.
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February 29, 2024
BlossomHill Therapeutics Closes $100M Series B
Biotechnology company BlossomHill Therapeutics has raised a $100 million Series B financing round to advance its pipeline of cancer and autoimmune treatments, the company announced Thursday.
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February 29, 2024
11th Circ. Backs Film Producer's Crypto Scam Sentence
An Eleventh Circuit panel on Thursday confirmed a nearly six-year prison sentence for an Atlanta-area film producer who admitted to running a short-lived cryptocurrency fraud, ruling his move for a lesser sentence was not justified based on the scheme's sophistication and his failure to take responsibility for the crimes.
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February 29, 2024
US Trustee Opposes Proterra Ch. 11 Plan's Future Exculpation
The Office of the U.S. Trustee objected Thursday to the Chapter 11 plan of electric bus maker Proterra Inc., saying it includes exculpation provisions that would cover actions after it emerges from bankruptcy, and interferes with the payment of required quarterly fees to the trustee's office.
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February 29, 2024
Microsoft, OpenAI Contribute To $675M Figure AI Funding
AI robotics company Figure AI has raised $675 million at a $2.6 billion valuation to further its development of "humanoid robots" for commercial use, securing money from major investors, such as Microsoft, OpenAI, Intel Capital and Jeff Bezos, according to a Thursday announcement.
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February 29, 2024
Trump's Truth Social Merger Deal Lands In Del. Chancery
Plans to take former President Donald Trump's social media platform Truth Social public came under fire in two Delaware Chancery Court lawsuits Wednesday, with investors on both sides of the deal alleging that the long-delayed merger would cheat them out of their shares.
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February 29, 2024
Deals Rumor Mill: Springer Nature, Warner Bros., ExxonMobil
Springer Nature's IPO could be valued at $9.7 billion, Warner Bros. has pulled back on Paramount negotiations, and ExxonMobil could fetch $1 billion for Argentinean assets. Here, Law360 breaks down the notable deal rumors from the past week.
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February 29, 2024
Don't Miss It: Milbank, Vedder Price Lead Month's Hot Deals
A lot can happen in the world of mergers and acquisitions over the course of a month, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions managed by Milbank LLP and Vedder Price PC.
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February 29, 2024
SVB Parent's Counsel Booted From Fraud Coverage Row
The bankrupt parent company of Silicon Valley Bank cannot use Farella Braun & Martel LLP as counsel in litigation over the parent company's claims that it alone must be covered for a fraud scheme that caused over $73 million in losses, a North Carolina federal court ruled.
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February 29, 2024
Dechert Hires Schulte Roth's M&A, Securities Group Co-Chair
Dechert LLP has hired the co-chair of Schulte Roth & Zabel LLP's M&A and securities group as a partner to continue his work focused on a range of corporate legal issues, the firm announced Thursday.
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February 28, 2024
SEC Taps Agency Vet To Lead Adviser, Fund Rulemaking Unit
The U.S. Securities and Exchange Commission announced Wednesday that an agency veteran currently serving as deputy director of the examinations division will be the new head of its investment management division, which oversees the regulation of investment advisers, mutual funds and certain private fund operators.
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February 28, 2024
SEC Republicans Warn Against Changing 'Accredited' Definition
Limiting who counts as an accredited investor could "devastate" local angel investor networks, a Republican member of the U.S. Securities and Exchange Commission has warned, as the agency weighs enacting additional rules on private markets.
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February 28, 2024
Crown Castle Founder Alleges Entrenchment Bid In Del. Suit
The co-founder of cell tower operator Crown Castle Inc. sued the Texas company Wednesday in Delaware's Court of Chancery, seeking to invalidate a cooperation agreement between its board and activist investor Elliott Investment Management LP.
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February 28, 2024
US Trustee Taps Ex-Prosecutor To Be FTX Examiner
The U.S. Trustee's Office has urged a Delaware bankruptcy judge to allow Robert Cleary, a former U.S. attorney who is now with Patterson Belknap Webb & Tyler LLP, to investigate FTX's finances as an examiner in the defunct cryptocurrency company's Chapter 11 case.
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February 28, 2024
Structured Finance Group Of The Year: Dentons
Dentons helped rescue the banking industry in 2023 by securing a $50 billion deal financing the Federal Deposit Insurance Corp.'s receivership of First Republic Bank following the second-largest bank failure in the U.S., earning the firm a spot among Law360's Structured Financing Groups of the Year for the third consecutive year.
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February 28, 2024
Squire Patton, Taylor Wessing Advise On £24.9M Pet Biz Sale
Animalcare Group PLC said on Wednesday it has sold its majority shareholding in pet microchipping company Identicare Ltd. for £24.9 million ($31.5 million) cash, a transaction advised by Squire Patton Boggs LLP and Taylor Wessing LLP.
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February 28, 2024
WilmerHale Adds Ex-Medtronic Legal Leader To Its DC Office
WilmerHale has hired for its Washington, D.C., office an attorney who helped build the global trade legal department at healthcare technology company Medtronic.
Expert Analysis
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Growing EU Scrutiny Increases Hurdles For Foreign Investors
The application of the EU Foreign Subsidies Regulation from July will bring further oversight to many large deals, and together with bolt-on strategies, foreign investment regulation and antitrust enforcement, financial sponsors will need to start planning for compliance to avoid potential delays, say Anna Mitchell and Neil Hoolihan at Linklaters.
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Fla. Foreign Real Estate Law Brings Broad Investment Risks
Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.
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Prepping Your Business Ahead Of Affirmative Action Ruling
The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.
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How REITs Can Prep For SEC's Repurchase Disclosure Rules
With real estate investment trusts' share repurchase activity on the rise, REITs should beware the potential enforcement risks that may arise from the U.S. Securities and Exchange Commission's new rules requiring additional disclosures regarding such repurchases, says Zach Swartz at Vinson & Elkins.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Unpacking Recent Changes At The NY Federal Reserve
After recent changes at the Federal Reserve Bank of New York, certain money market mutual funds that previously relied on the Overnight Reverse Repo Facility will be expected to place cash with a commercial bank or invest directly in assets, which in turn supports the functioning of the real economy, say attorneys at Mayer Brown.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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Private Equity Firms Shouldn't Overlook Cybersecurity Risks
Given the operational, financial and reputational costs at stake, and the growing threat of cybercrime, cybersecurity should be central to deal making, internal governance and post-acquisition management for private equity firms, say Ray Bogenrief and William Ridgway at Skadden.
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Assessing Overlapping Boards After DOJ Crackdown
The U.S. Department of Justice’s recent targeting of interlocking directorates raises questions about the scope of applicable antitrust law, including when companies will be considered competitors, whether the statute reaches potential competitors, and how companies can avoid price-fixing or market allocation charges, say attorneys at Cooley.
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NY AG's Digital Asset Proposal Shouldn't Be Taken Lightly
Given New York state's prominence both in the digital asset industry and as a proving ground for state regulatory innovation, all digital asset industry participants should take seriously New York Attorney General Letitia James' legislative proposal to tighten crypto regulation, say attorneys at WilmerHale.
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Lessons On Corporate Fiduciary Duties From Del. M&A Case
The recent decision in New Enterprise Associates v. Rich, which held that a contractual covenant by certain stockholders not to challenge specific sales of the company was enforceable, highlights that the Delaware Court of Chancery generally is likely to be receptive to waivers of fiduciary duties that are agreed by sophisticated stockholders, say attorneys at Fried Frank.