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Private Equity
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February 13, 2024
The Body Shop Appoints Administrators After PE Buyout
The Body Shop on Tuesday appointed administrators to restructure its business, just months after the British cruelty-free cosmetics and skin care brand was bought out by European private equity firm Aurelius Group for £207 million ($261 million).
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February 12, 2024
Trucker Tracking Startup Delivers Patent Feud To ITC
The U.S. International Trade Commission said Monday that it is soliciting feedback on a legal effort by a San Francisco startup that sells trackers to trucking companies to employ the agency in its patent infringement campaign against a local rival that sells similar devices.
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February 12, 2024
Ex-McCarter & English Client Can Pursue $20M Loan Claims
A Connecticut state court judge has denied a bid by McCarter & English LLP and a former partner for an early win in an insurance company's multimillion-dollar malpractice suit, ruling that the continuing representation doctrine allowed the plaintiff to toll the statute of limitations and continue to press its case.
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February 12, 2024
Aerospace Supplier Can Kick Gulfstream Supply Deal
A Texas bankruptcy court has said bankrupt supply-chain management company Incora can ditch its contract to buy aerospace parts on behalf of Gulfstream Aerospace Corp., which would repurchase them for fixed prices.
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February 12, 2024
Alys Pharmaceuticals Launches With $100M In Financing
A new immuno-dermatology company created as an amalgamation of six separate startups launched on Monday with $100 million in financing to target dermatological indications.
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February 12, 2024
Online Marketplace Wish Sold At Steep Discount To $1.1B IPO
ContextLogic Inc. announced Monday that it would sell off its operating assets and liabilities, including the e-commerce platform Wish, to Qoo10 for $173 million, in a deal that represents a significant drop-off from Wish's $1.1 billion initial public offering in 2020 and that was driven by respective legal advisers Sidley Austin LLP and Shearman & Sterling LLP.
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February 12, 2024
Tod's Stock Rises After Go-Private Takeover Bid Disclosed
Italian luxury shoe and apparel manufacturer Tod's Group experienced a more than 18% stock bump Monday after disclosing a go-private offer from private equity firm L Catterton valued at €43 ($46.36) per share.
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February 12, 2024
RealPage Renters Ask To Grow Class Despite Venue Flaw
Renters bringing a class action against RealPage Inc. argued that a Tennessee federal judge overseeing the case has the power to bring in new plaintiffs, even as a group of property management companies claims a petition contains disqualifying flaws.
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February 12, 2024
Amer Sports Follows IPO With Upsized $800M Debt Offering
Sports apparel and equipment company Amer Sports Inc. has priced an $800 million private bond offering, represented by Davis Polk & Wardwell LLP, an upsized debt sale that comes nearly two weeks after the company completed the year's largest initial public offering at $1.4 billion.
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February 12, 2024
AI Cybersecurity Biz Secures $102M Of VC-Led Financing
Information technology security company Bugcrowd announced Monday that it secured a $102 million investment to grow its crowdsourced, artificial intelligence-powered security platform offerings globally.
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February 12, 2024
Martin Marietta Paying $2B For Blue Water Raw Materials Ops
Cravath-advised building materials supplier Martin Marietta Materials Inc. said Monday it has agreed to buy 20 active aggregate operations across five states from Blue Water Industries LLC, represented by Wachtell Lipton, for $2.05 billion in cash.
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February 12, 2024
French Music Label Tunes In To €1.5B Bid From Founder
French digital music label Believe SA said Monday that it has been handed a €1.46 billion ($1.57 billion) offer by an investment consortium that includes its founder to take the company off the French stock exchange.
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February 09, 2024
2nd Circ. Won't Revive Credit Suisse Delisted Trade Note Suit
The Second Circuit declined on Friday to revive a proposed class action accusing Credit Suisse of causing retail investors substantial losses by delisting a popular exchange-traded note, saying the bank gave adequate warnings of the risks investors faced and cautioned them against holding the note for more than a day, among other things.
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February 09, 2024
Labaton, Rolnick Clash Over Legal Fees In Materials Co. Deal
Law-firm battling has sharpened over multimillion-dollar legal fee claims linked to a proposed $19 million Delaware Court of Chancery settlement for a stockholder suit challenging a $3.1 billion materials company sale in 2019, court records show.
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February 09, 2024
Healthcare-Focused SPAC Hits The Market After $160M IPO
Blank-check company Helix Acquisition Corp. II hit the public markets on Friday following its upsized initial public offering, which raised $160 million by offering 16 million shares at a price of $10 apiece.
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February 09, 2024
Simpson Thacher, Cleary Steer Mexican Grocer's $589M IPO
Mexican grocery chain BBB Foods Inc.'s shares rallied Friday after the company completed a $589 million initial public offering, represented by Simpson Thacher & Bartlett LLP and underwriters counsel Cleary Gottlieb Steen & Hamilton LLP, thanks to strong appetite from investors.
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February 09, 2024
Activist Says CEO's Family Is Problem For Chef's Warehouse
Specialty foods company The Chef's Warehouse has become the latest target of activist investor Legion Partners, which is asking the company's shareholders to nominate four new board members to turn around "chronic underperformance" stemming from the board's family connections.
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February 09, 2024
X Says Ex-Worker's Feelings Can't Sustain Age, Sex Bias Suit
X Corp., formerly known as Twitter, said it shouldn't have to face a proposed class action alleging it pushed out women and older workers after Elon Musk took over, telling a California federal court that an ex-employee's subjective perception of the billionaire's policies couldn't support the case.
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February 09, 2024
Burford Can't Sub For Sysco In Pork, Beef Price-Fixing Suits
Legal investment firm Burford Capital cannot substitute for Sysco in sprawling price-fixing lawsuits against pork and beef producers because doing so would extend the litigation just so Burford can maximize its return on investment, a Minnesota federal judge ruled Friday.
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February 09, 2024
Goodwin-Led Gene Editing Firm Metagenomi Raises $94M IPO
Preclinical biotech Metagenomi began trading publicly on Friday, raising $94 million by offering 6.25 million shares at $15, the low end of the $15 to $17 range it had set earlier in the week.
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February 09, 2024
DLA Piper Adds Former McDermott Partner In DC
A former McDermott Will & Emery LLP partner who advises financial services firms has jumped to DLA Piper in Washington, D.C., after more than two years with his previous firm.
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February 09, 2024
Fund Formation Group Of The Year: Simpson Thacher
Simpson Thacher & Bartlett LLP's fund formation practice advised private equity behemoth Blackstone in 2023 on a $30.4 billion successor real estate fund, one of the milestones earning the group a spot in Law360's Fund Formation Groups of the Year.
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February 09, 2024
CVC, Haveli Acquire RuneScape Game-Maker In £900M Deal
Private equity firms CVC Capital Partners, advised by Latham & Watkins LLP, and Haveli Investments have agreed to buy British video game developer and publisher Jagex from private equity giant Carlyle, advised by Kirkland & Ellis LLP, in a deal worth around £900 million ($1.14 billion), according to a Friday announcement.
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February 09, 2024
Taxation With Representation: Sullivan & Cromwell, Kirkland
In this week's Taxation With Representation, California Resources Corp. acquires Aera Energy, ZeroFox Holdings goes private, and Acerinox purchases Haynes International.
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February 08, 2024
VC Firms Accused Of Investing In 'Problematic' Chinese Cos.
Qualcomm Ventures, Sequoia Capital China and three other American venture capital firms have collectively funneled more than $3 billion into "problematic" Chinese companies linked to human rights violations, the Chinese military and the "surveillance state," according to a report announced Thursday by U.S. lawmakers.
Expert Analysis
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Failed Tegna Deal Reveals Increasing Merger Review Hurdles
A deeper look at how the Tegna-Standard General deal derailed during merger review suggests some practical steps that firms should consider to close transactions when dealing with multiple federal agencies operating under a whole-of-government antitrust enforcement approach, say Jody Boudreault and Katherine Dutcher at Baker Botts.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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A Look At Corwin Cleansing After Chancery Edgio Ruling
The Delaware Chancery Court's denial of Corwin cleansing in an action seeking post-closing injunctive relief in the Edgio stockholders case has potentially significant implications for corporations and their boards in the negotiation of investment agreements with significant stockholders, say attorneys at Cleary.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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4 Areas Of Heightened Antitrust Risk In Private Equity
Antitrust enforcement and litigation are moving from portfolio companies to the private equity firms that invest in them, and a few areas of elevated risk stand out, say Ann O’Brien and Lindsey Collins at Sheppard Mullin.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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M&A Considerations For European Cos. Acquiring US Entities
As investment banks forecast a resurgence of mergers and acquisitions later this year, European companies seeking to acquire U.S. businesses should be aware of key procedural differences and federal regulatory requirements that will affect the process, timing and terms of the transaction, say attorneys at Mintz.
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Compliance Considerations For Financial Institutions Using AI
Financial institutions that adopt innovative and disruptive artificial intelligence technology to improve their offerings in the coming months will need to take appropriate steps to ensure they remain on the right side of any lines drawn by U.S. and international regulators, say Timothy Spangler and Linda Ann Bartosch at Dechert.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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FHFA Plans Forecast The Year Ahead In Affordable Housing
This year attorneys in the affordable housing sector can expect to see developers utilizing the financing tools included in Freddie Mac and Fannie Mae's updated equitable housing finance plans, including various sponsor-elected programs and Freddie's forward commitment initiative, say Evan Blau and Beth Budnick at Cassin & Cassin.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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How EU ESG Regs Affect US Financial Market Participants
The European Commission recently confirmed that the Sustainable Finance Disclosure Regulation applies to all funds marketed in the EU, so affected U.S. financial market participants will need to consider the new guidance on principal adverse impacts, sustainable investments and promotion of carbon emissions reductions, say attorneys at Debevoise.
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Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit
Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.