Orrick’s Founder Series Provides Insight for UK Start-ups on M&A Exit Strategies

The first part of the Founder Series, ‘Exit Ready’ focuses on Mergers and Acquisitions (M&A). The series is an initiative of Orrick’s Founder Series which provides monthly tips specifically designed for UK start-ups, at each stage of their life-cycle. This could range from incorporation of a company to exploring possible exit strategies. This informational series…

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Redefining Corporate Compensation: DOJ’s Safe Harbor Policy Shifts Landscape for Mergers and Acquisitions

In a significant turn in corporate governance, a new regulatory stance on corporate compensation has been set in motion. This bold step taken by American authorities could reshape modes of compensation among some of the world’s largest companies. On October 4, 2023, Deputy Attorney General Lisa O. Monaco announced a “safe harbor” policy for voluntary…

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Proposed Regulations Targeting “Killer B” Transactions: Implications for Cross-Border Mergers and Acquisitions

In a move closely watched by legal professionals, on October 5, the U.S. Treasury released long-awaited proposed adjustments to rules governing inbound cross-border reorganizations. The proposed regulations reflect, with modifications, policies that were initially expressed in 2014 and 2016 notices. The details of these proposed regulations have stirred discussions in corporate circles and law firms…

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Delaware Court Ruling May Reshape Corporate Dealmaking and Insider Scrutiny

Delaware’s highest court is currently deliberating on a ruling that could potentially reshape corporate dealmaking. The case in question revolves around the intricate restructuring of the holding companies responsible for operating Match.com, a popular online dating site. This case serves as an opportunity for the leading U.S. forum for mergers and acquisitions disputes to either…

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SEC Modernizes Sections 13(d) and 13(g), Impacting Beneficial Ownership Reporting and Corporate Transparency

The U.S. Securities and Exchange Commission (SEC) ushered in amendments to the rules governing the reporting of beneficial ownership of securities under sections 13(d) and 13(g) of the Securities Exchange Act of 1934 (Exchange Act), as of Oct. 18, 2023. To expand, Sections 13(d) and 13(g) necessitate that any person or cluster of individuals that…

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Biotech M&A Pipeline Expands as Technological Advancements Drive Sector Growth

Recent developments in the biotechnology sector highlight a growing M&A pipeline fueled by constant innovation, rapid technological growth, and an unwavering commitment to combating diseases. These developments have taken center stage in a thorough review recently published in Genetic Engineering News on October 10, 2023. The underlying trend is marked by a robust increase in…

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DOJ’s “Safe Harbor Policy” Encourages Corporate Self-Disclosure in Mergers and Acquisitions

The U.S. Department of Justice (DOJ) recently launched a so-called “Safe Harbor Policy” in an effort to stimulate prompt and voluntary self-disclosure of criminal behavior. This policy was announced earlier this month by Deputy Attorney General Lisa Monaco. The new policy offers a supposition against prosecutorial declination for voluntary self-disclosures of criminal conduct that was…

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Energy and Pharma Drive October Surge in US Mergers and Acquisitions Market

October has seen a surge of activity in the United States Mergers and Acquisitions market, making it the busiest month since June 2019. Several industries, notably energy and pharmaceuticals, have been key drivers in this uptick in deal-making activity. Despite the escalating geopolitical uncertainty and challenges from the Israel-Hamas war, major deals continue to push…

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Shareholder Activism Surges in Post-Pandemic Canadian Market: Trends and Implications

As the COVID-19 pandemic slowly recedes, a significant surge in shareholder activism has been observed within the Canadian market in 2023. The latest insight report from Davies Ward Phillips & Vineberg LLP points to this upward trend, highlighting the emerging patterns that characterise this resurgence. One of these patterns is identified as the “activist swarm”,…

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Littler Mendelson Expands APAC Team with Expertise in Korean, Hong Kong, and Singapore Employment Laws

Global labor and employment law firm Littler Mendelson has recently announced the addition of three new counsel members to their Asia-Pacific (APAC) regional office in Singapore. The new additions are Soowon Hong, Betty Lee, and Shiau Sang Tee. The firm disclosed the news in a statement on Monday. Soowon Hong, the former managing partner at…

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DOJ’s New Mergers and Acquisitions Safe Harbor Policy Aims to Boost Transparency and Mitigate Risks

In a significant announcement on October 4, 2023, Deputy Attorney General Lisa O. Monaco stated that the Department of Justice (DOJ) has implemented a new, all-encompassing Mergers and Acquisitions Safe Harbor Policy (the “Safe Harbor Policy”). This is intended to foster a proactive approach by companies participating in M & A transactions towards revealing any…

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DoJ Unveils Safe Harbor Policy for Voluntary Self-Disclosures in Mergers and Acquisitions

In a significant development, the Department of Justice (DoJ) has announced a safe harbor policy designed to facilitate voluntary self-disclosures related to misconduct in mergers and acquisitions. This move is part of the DoJ’s ongoing efforts to incentivize companies to proactively demonstrate their commitment to operating in compliance with applicable laws and regulations. The policy,…

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Paris Hogan Lovells’ September 2023 Legislative and Regulatory Updates Unveiled

The Paris office of Hogan Lovells has released its monthly legislative and regulatory newsletter, which encapsulates the legislative and regulatory news for September 2023. This information is being communicated for informational purposes and does not purport to be exhaustive or constitute legal advice. The entire information is provided on their website. Unfortunately, the full text…

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DOJ’s New Incentive Framework: M&A Transparency and Reduced Penalties for Self-Disclosing Misconduct

The colliding worlds of Mergers and Acquisitions (M&A) and corporate compliance have entered a new era. The U.S. Department of Justice (DOJ) is offering greater leniency to companies that voluntarily self-disclose misconduct identified within a company being acquired. Until recently, the general counsel and M&A advisors prudently treated compliance with a careful degree of caution….

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DOJ Introduces Safe Harbor Policy for M&A Self-Disclosures, Encouraging Transparent Compliance Culture

According to a recent announcement by Deputy Attorney General (AG) Lisa Monaco, the US Department of Justice (DOJ) has introduced a new safe harbor policy for voluntary self-disclosures related to mergers and acquisitions (M&A). The announcement, which took place on October 4, 2023, was made in a speech delivered during the Society of Corporate Compliance…

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Asset Acquisitions vs Stock Sales: Navigating the Legal and Tax Implications in Incorporated Business Transactions

  When it comes to the taxable purchase and sale of an incorporated business, there are typically two main structural options: asset acquisitions and stock sales. Each approach is characterized by distinctive legal considerations and potential tax ramifications that legal professionals must understand to effectively guide their clients. This in-depth discussion by Ward and Smith,…

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Employee Benefits Attorney Carly Grey Joins Ogletree Deakins as Shareholder in Washington D.C.

Ogletree Deakins recently added Carly Grey as a shareholder in their Washington offices, according to a recent announcement from the law firm. Grey, who is an experienced attorney in employee benefits and executive compensation matters, is transitioning from her prior role as a partner at Morgan Lewis. Grey’s expertise spans across various areas of employee…

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DOJ Unveils Updated Safe Harbor Guidelines for Global Mergers and Acquisitions

In a considerable move concerning mergers and acquisitions, Deputy Attorney General Lisa Monaco has conducted a speech revealing the Department of Justice’s (DOJ’s) latest Safe Harbor measures in the sphere of the Foreign Corrupt Practice Act (FCPA). The announcement took place at the 2023 SCCE Compliance and Ethics Institute. The clarification on the DOJ’s position…

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