Artificial Intelligence (AI) continues to make significant strides across various sectors, and mergers and acquisitions (M&A) are no exception. As AI permeates more business models, it’s inevitably becoming a central component in M&A considerations. Primarily, the boom in AI systems and products, especially generative AI, has fuelled the surge in interest towards investing in, and…
Transatlantic mergers and acquisitions (M&A) activity is forecasted to surge, driven largely by the relative strength of the US dollar, as well as improving financing conditions, thereby triggering US bidders to invest in a greater amount of European assets. JD Supra provides a detailed account of the situation. Prior to the convergence of geopolitical disruptions…
The role of blockchain technology in mergers and acquisitions (M&A) continues to evolve as more industries harness distributed ledger technology (DLT) in their operations. Initial scepticism surrounding blockchain’s transformative potential, particularly regarding the challenging issues within the cryptocurrency sector, appears to be retreating. Expert voices argue for a more nuanced understanding of blockchain’s role in…
Macroeconomic forces and geopolitical dynamics continue to shape the mergers and acquisitions (M&A), as well as investment landscape worldwide. Within this global landscape, health and life sciences transactions maintain their stand as high priority sectors. These sectors not only present high growth opportunities, but also serve as defensive asset strategies. This article by JDSupra discuss…
Mergers and acquisitions are frequently viewed as a critical strategy for business growth and expansion. However, they also present significant legal challenges and regulatory scrutiny. Recently, three situations have surfaced that could indicate a shift in regulators’ stance on settlement within this context: Amgen, Black Knight, and Assa Abloy. Assistant Attorney General Jonathan Kanter, for…
In a recent determination, the Delaware Court has cast ambiguity over the application of the “Bump-Up” Exclusion clause in relation to mergers and acquisitions. A standing feature of directors’ and officers’ (D&O) liability insurance policies, this clause is garnering attention for its increasing relevance in securities litigation that often follows high-profile business mergers and acquisitions….
On July 19, 2023, the U.S. Department of Justice and the Federal Trade Commission publicized a draft suggesting an update of the Merger Guidelines. The public has been invited to provide their comments on the proposal. If accepted, this drafted version of the Merger Guidelines would present a consequential shift in how the U.S. antitrust…
International law firm Mayer Brown has welcomed Allison Lee as a new partner to its Hong Kong office, according to recent reports. Lee, who has a distinguished 15-year tenure with Debevoise & Plimpton, most recently served as its international counsel. Lee’s entry into Mayer Brown comes with a wealth of experience advising public and private…
In the domain of legal developments concerning the healthcare sector, it’s crucial not to overlook the recent changes proposed for the Hart-Scott Rodino Act, primarily aimed at improving merger review procedures. The Federal Trade Commission (FTC) paired with the Assistant Attorney General of the Antitrust Division, has proposed to revamp the premerger notification form, its…
In July, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines. This draft, made public 18 months after FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter announced their intentions to “modernize” the agencies’ approach to merger enforcement, offers fresh…
The Petroleum and Commercial Fuel industries are currently witnessing a heightened activity in terms of transactions. This flurry of business activity is largely due to family-owned entities deciding to cash out, while institutional buyers are turning their focus on driving shareholder value forward. These transactions, however, are not without their fair share of challenges. Diverse…
In the ever-dynamic world of mergers and acquisitions, business owners looking to sell their enterprise may find themselves grappling with several key considerations. Many might deem it the appropriate time to part ways with their most valuable asset – the businesses they’ve spent years nurturing and growing. Understandably, the stakes are high and the need…
The non-profit organization oneNDA has collaborated with legal tech startup SimpleDocs to launch AutoNDA, a free software platform aiming to simplify non-disclosure agreements (NDAs). Through the implementation of the standardized oneNDA format, this software is set to expedite the creation and management of NDAs. Since its launch in 2021, oneNDA’s open-source NDA has been adopted…
Kroger Co. and Albertsons Cos., two prominent grocery conglomerates, are currently in discussions to sell their stores to C&S Wholesale Grocers, backed by SoftBank Group Corp.. This move is said to be part of a strategy to win regulatory approval for a proposed $25 billion merger between Kroger and Albertsons. Notably, the sale is, in…
DLA Piper, a multinational law firm, recently announced the appointment of Robert Klyman as the global co-chair, as well as the US co-chair, of its restructuring practice based in Los Angeles. The firm conveyed this in an official announcement issued on Tuesday. Klyman’s career has been marked by providing sound advisories to companies, lenders, acquirers,…
In a continuation of mergers and acquisitions in the healthcare sector, private equity giant L Catterton has secured the acquisition of Thorne HealthTech, as officially announced in a recent news release. Thorne HealthTech, established in 1984 and with its core operations based in New York, has made a name for itself as a provider of…
The world of real estate law has seen a distinct evolution in recent years, with a noteworthy uptick in lateral law firm partner relocation. This trend has been most evident in real estate practice areas, reflecting the volatility and dynamism in the property market worldwide. An intriguing factor in assessing this paradigm shift draws on…
The European Commission (EC) recently moved forward in an attempt to simplify procedures for reviewing concentrations under the EU Merger Regulation (EUMR). The EC adopted a package of measures specifically designed to streamline the merger review process. These rules officially came into effect on September 1, 2023. Implemented in a bid to reduce burdens and…
Simpson Thacher & Bartlett has welcomed intellectual property (IP), privacy, and cybersecurity lawyer Marisa Geiger into its fold in their New York office. Formerly a counsel in Paul Weiss, Geiger has an established career in advising clients on the IP aspects of diverse transactions. This includes mergers and acquisitions, divestitures, carve outs, and spin-offs. With…
Attorney Ravi Purohit, a seasoned expert in the energy and infrastructure sector, is set to join the corporate department of Paul, Weiss, Rifkind, Wharton & Garrison, where he is going to take the role of co-head of its infrastructure practice in New York. This appointment is in line with the firm’s estimation of Purohit’s substantial…
In the delicate and highly-detailed domain of mergers and acquisitions (M&A), insurance is a factor that often goes overlooked. However, disregard for this critical area can lead to unplanned financial exposure, thereby threatening the acquiring party’s economic stability. The form of the M&A transaction, the specifics of the policy, and the applicable state law all…
New regulatory risks originating from the financial services sector can cause a significant influence on the value of fintech mergers and acquisitions. Bearing this in mind, on June 6, U.S federal banking regulators put forth their final guidance on managing risks associated with third-party relationships. The issued interagency guidance gives supervised banking organizations a broad…
In the midst of a major Hollywood strike, several members from the Writers Guild of America West and the Screen Actors Guild are turning to federal law to protest against increasing consolidation in the entertainment industry. In a recent Bloomberg Industry Group report, it has been observed that over 100 comments have been filed by…
Consolidations, mergers, and acquisitions are becoming increasingly common maneuvers in the rapidly evolving fintech landscape. These potent financial decisions, however, accompany unique regulatory challenges, with license change of controls often emerging as a significant concern when acquiring a fintech firm with state lender, loan broker, debt collector, or money transmitter licenses. This complex topic underpins…
On July 13, 2023, the Department of Justice’s (“DOJ”) objection to a major sugar industry acquisition met a stumbling block. The U.S. Court of Appeals for the Third Circuit declined to block the $315 million purchase of the Imperial Sugar Company (“Imperial”) by United States Sugar Corporation (“U.S. Sugar”). According to the DOJ, the merger…