Law360, New York ( August 6, 2015, 10:47 AM EDT) -- The confluence of a number of overlapping factors — including an uptick in global and cross-border merger and acquisition activity, a resurgence in unsolicited takeover offers, the continued flow of tax inversion transactions, and the growth of activism in non-U.S. markets — means that U.S. companies and investors are more often facing unfamiliar takeover (and anti-takeover) regimes as they evaluate and pursue offers for foreign targets. While experienced deal makers are often well-versed in the nuances of friendly transactions with a foreign seller, the defenses available, and sometimes unavailable, to foreign companies facing unsolicited or hostile offers occasionally come as a surprise and complicate the pursuit or defense of these bids....
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