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Mergers & Acquisitions
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August 19, 2024
Mike Lynch, Clifford Chance Pro Among Missing After Yacht Sinks
Former Autonomy CEO Michael Lynch and a Clifford Chance LLP partner who helped him beat federal fraud charges back in June are among those missing after their chartered luxury yacht sank during a storm off Sicily early Monday during a trip reportedly to celebrate Lynch's legal victory.
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August 19, 2024
FTC Pushes To Limit Meta's Merger Defenses
The Federal Trade Commission continues to push the D.C. federal court overseeing its monopoly suit against Meta to slim down the social media titan's defenses ahead of the trial that the Facebook parent company is still hoping won't happen.
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August 19, 2024
10 States Join DOJ's Antitrust Case Against Live Nation
The U.S. Department of Justice said Monday that it has updated the government's case accusing Live Nation of violating antitrust law through its control over the live entertainment industry to add 10 new states and claims for damages.
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August 19, 2024
Kroger Flips Script, Challenges FTC's Constitutionality
Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.
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August 19, 2024
Harris' Plan To 'Ban' Price-Gouging Met With Pushback
Vice President Kamala Harris, the Democratic presidential nominee, has unveiled a proposal to crack down on high grocery prices, stating as part of her economic agenda that she would implement a first-ever federal ban on price-gouging — yet market participants aren't so sure that's the right approach.
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August 19, 2024
AI Platform AMC Corp. To Go Public Via $175M SPAC Merger
Blank check company AlphaVest Acquisition Corp., advised by Winston & Strawn LLP, on Monday unveiled plans to merge with and take public native computer-vision artificial intelligence platform AMC Corp., led by Graubard Miller, in a $175 million deal.
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August 19, 2024
Jadex Sells Temperature-Controlled Packaging Biz For $137M
Material sciences company Jadex Inc. is selling its temperature-controlled packaging products business Lifoam Industries LLC to Altor Solutions, led by Gibson Dunn & Crutcher LLP, in a $137 million cash deal, the parties announced in separate Monday statements.
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August 19, 2024
Baker McKenzie Adds M&A Atty From Skadden
Baker McKenzie announced Monday that a longtime Skadden Arps Slate Meagher & Flom LLP mergers and acquisitions attorney joined the firm's Palo Alto, California, office as the latest addition to its fast-growing transactions practice in the state.
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August 19, 2024
Latham, Paul Weiss Guide AMD's $5B Buy Of ZT Systems
Latham & Watkins LLP is advising Advanced Micro Devices Inc., the semiconductor company known for its AMD computer processors, on an agreement to acquire Paul Weiss-led ZT Systems for $4.9 billion in cash and stock, according to a Monday statement.
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August 19, 2024
A&O Shearman Hires Ex-Morgan Stanley Exec In New York
A former executive director at Morgan Stanley has returned to private practice at Allen Overy Shearman Sterling in New York.
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August 19, 2024
Ex-Sheppard Mullin M&A Partner Joins Pierson Ferdinand
A veteran mergers and acquisitions attorney has jumped from Sheppard Mullin Richter & Hampton LLP to Pierson Ferdinand LLP in California
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August 19, 2024
FTC Says Albertsons Execs Deleted Texts About Merger
The Federal Trade Commission accused executives from Albertsons of deleting text messages about the supermarket chain's planned megamerger with Kroger, saying the messages likely contained valuable internal views about the effects of the $25 billion deal.
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August 19, 2024
7-Eleven Parent Confirms Canadian Takeover Offer
The parent company of 7-Eleven said Monday that it has received a preliminary takeover proposal from Canada-based Alimentation Couche-Tard, a revelation that comes a year after the business faced activist pressure.
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August 19, 2024
Homebuilders To Wrap Up £2.5B Deal Despite CMA Concerns
Barratt Developments PLC said Monday that it has decided to go ahead and complete its approximately £2.5 billion ($3.2 billion) acquisition of rival homebuilder Redrow PLC this week without waiting for a green light from the U.K.'s competition regulator.
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August 19, 2024
Simpson Thacher Atty Is Paul Hastings' Latest Finance Hire
Paul Hastings LLP announced Monday that it has made another addition to its banking and finance and private credit platforms, welcoming a New York attorney from Simpson Thacher & Bartlett LLP who represents financial institutions, direct lenders, corporate borrowers and financial sponsors.
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August 16, 2024
Nikola, Romeo Power Targeted In Del. Derivative Complaint
A former Romeo Power Inc. stockholder has launched a double derivative suit seeking derivative damages from nine former Romeo directors and officers in part through derivative claims via Nikola Corp., which acquired Romeo in August 2022 for a fraction of the company's once $1 billion-plus valuation.
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August 16, 2024
Burger King Sued For Books In Del. On Big Site Buy
Burger King investors filed a Delaware Court of Chancery lawsuit Friday seeking a look at the burger chain's books and records on the merger with its parent company, Restaurant Brands International Inc., arguing the information is necessary to confirm whether the deal was fair.
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August 16, 2024
Trump Media Sued In Del. After New Fla. Share-Sale Challenge
Citing "contemptuous disregard" for Delaware Court of Chancery orders, two co-founders of Trump Media & Technology Group have sought a temporary restraining order to block the social media venture from seeking a Florida court order to stop their sale of some 18 million shares.
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August 16, 2024
5th Circ. Tosses Appeal In FTC's Anesthesia Antitrust Case
The Fifth Circuit has agreed with the Federal Trade Commission and tossed an early appeal from U.S. Anesthesia Partners in the agency's case accusing the group of monopolizing the Texas anesthesiology market through a "roll-up" strategy.
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August 16, 2024
Avantor Sells Clinical Services Biz To PE Shop In $650M Deal
Life sciences tools company Avantor Inc., advised by Arnold & Porter Kaye Scholer LLP, on Friday announced plans to sell its clinical services business to Ropes & Gray LLP-advised Audax Private Equity for $650 million.
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August 16, 2024
EQT Buys PropertyGuru In $1.1B Deal Driven By 3 Firms
Private equity firm EQT said Friday that it has agreed to acquire Singapore-based online real estate search company PropertyGuru for $1.1 billion, in a transaction advised by Latham & Watkins LLP, Ropes & Gray LLP and Freshfields Bruckhaus Deringer LLP.
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August 16, 2024
SPAC Confirms Delisting From LSE After $1.85B Takeover
A London-listed blank check company said Friday that it will be delisting its shares from the London Stock Exchange on Aug. 19 after its $1.85 billion acquisition of U.S.-based Acuren completed in less than 15 months after floating publicly.
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August 16, 2024
Taxation With Representation: Cleary, Kirkland, Skadden
In this week's Taxation with Representation, Mars Inc. sets a 2024 record with its $36 billion acquisition of Kellanova, Carlyle inks a $3.8 billion purchase with Baxter International Inc., and Performance Food Group Co. agrees to a $2.1 billion cash deal with Cheney Bros. Inc.
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August 16, 2024
Harris Economic Plan Targets Food Mergers, Price-Gouging
Vice President Kamala Harris unveiled an economic plan Friday that said her administration would "crack down" on large corporate food mergers and introduce the first-ever ban on price-gouging, a promise that comes just days after the announcement of one of the largest ever food industry tie-ups.
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August 16, 2024
Gibson-Led Energy Biz Wraps $106M Natural Gas Assets Buy
Petroleum company Diversified Energy said Friday that it has completed the $106 million acquisition of natural gas assets in eastern Texas from Crescent Pass Energy LLC in a move that increased its footprint in the central U.S.
Expert Analysis
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What Transactional Attys Must Know About Texas Biz Courts
As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.
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A Comparison Of FDIC, OCC Proposed Merger Approaches
Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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The Opportunities, Risks And Rewards Of AI Acquisitions
As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.
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Tiny Tweaks To Bank Merger Forms May Have Big Impact
The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Standardizing Early Case Appraisal In Securities Class Actions
While an initial economic assessment of securities class action litigation is far too often not undertaken, it's an important step in planning the defense strategy that can provide counsel, clients and insurers with a much clearer view of the case, and can be simplified through standardized analyses, says Assen Koev at SCA iPortal.
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Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures
The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.
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Key Antitrust Class Certification Questions Remain Unclear
The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Dual-Track IPO-M&A Exit Strategies For Life Science Cos.
A dual-track process for life sciences companies offers a proven path to securing favorable deal terms for an exit, and strategic moves can include running a crossover financing round in the lead-up, say attorneys at McDermott.