On October 4, 2023, Deputy Attorney General Lisa Monaco put forth a new safe harbor policy that could protect corporations from criminal prosecution for misconduct they reveal at companies they are buying or have just bought. This recent move from the Department of Justice will likely bring significant changes to the legal landscape around mergers…
In its ongoing efforts to encourage voluntary disclosure of corporate misconduct, the U.S. Department of Justice (DOJ) recently announced a new policy specifically targeting mergers and acquisitions. In a statement released by Deputy Attorney General Lisa Monaco, the new corporate self-disclosure policy, dubbed the Mergers and Acquisition Safe Harbor Policy, was unveiled for the legal…
The Department of Justice (DoJ) has announced a new voluntary safe harbor policy for self-disclosures made in reference to mergers and acquisitions. This revelation was made public by Deputy Attorney General, Lisa Monaco, last Wednesday. Under the guidelines of this new policy, companies that voluntarily report potential violations occurring within an acquisition target’s business will…
In a significant development, the Department of Justice (DOJ) has unveiled a new policy regarding mergers and acquisitions (M&A) which they describe as a “safe harbor” approach. In recent years, the DOJ has announced a multitude of policy changes focusing on corporate criminal enforcement, characterizing their tactic as an amalgamation of persuasion and deterrence –…
In a recent development within the realm of corporate law, questions are emerging about whether hospital acquisitions with Certified Organization of Peculiar Antiques (COPA) authorization remain exempt from Hart-Scott-Rodino (HSR) premerger notification, a trend being closely watched by legal professionals across the globe. This subject was tackled in a recent article provided on JD Supra….
The U.S. Department of Justice (DOJ) has announced new measures to encourage voluntary self-disclosure of corporate misconduct, particularly relating to mergers and acquisitions (M&As). This latest effort was revealed by Deputy Attorney General (DAG) Lisa Monaco, who unveiled the details of a new safe harbor policy, a noteworthy shift in the DOJ’s approach. This safe…
In an otherwise uneventful year for global Mergers and Acquisitions (M&A), Mexico and the Caribbean have proven to be exceptions. In particular, Mexico’s M&A activity displayed a significant surge. Data published by Refinitiv showed a total of 127 deals, valued at $17.3 billion, announced in the first three quarters of 2023. This is a 38%…
As corporations and law firms across the world grapple with the intricacies of managing mergers and acquisitions, it becomes crucial to stay updated with the latest changes in the regulatory framework within which such deals take place. Particularly in the United States, we are witnessing marked moves towards reshaping the process of merger reviews. The…
In a case of first impression, a US district court judge recently ruled that the acquisition of three New Orleans-area hospitals by Louisiana Children’s Medical Center from HCA Healthcare, Inc. was free from both the federal antitrust laws and the Hart-Scott-Rodino (HSR) Act premerger notification and filing requirements pursuant to the state action doctrine. The…
Despite a worldwide decline in dealmaking, Kirkland & Ellis have retained their prime position in Mergers and Acquisitions (M&A). This law firm has successfully managed nearly $265 billion worth of deals this year. “We try to find that sweet spot of doing the most significant deals and doing them in volume. The sky is not…
In a year marked by a notable decrease in global mergers and acquisitions (M&A), Latham & Watkins LLP have managed to maintain a robust transactional pace. The firm stands out in an environment where M&A activity has fallen to a 10-year low, according to a recent study. The study offers an in-depth analysis of the…
In June 2020, the U.S. Department of Justice’s Criminal Division published the fourth version of its “Evaluation of Corporate Compliance Programs (ECCP)” guidance, offering salient insights for in-house counsel and chief compliance officers. Although over six months have passed since this publication, the wisdom held within this document remains relevant and noteworthy. JD Supra reports…
Haynes and Boone has made a strategic hire from Baker McKenzie towards an aggressive growth plan in Mexico, with the addition of finance partner Diego Sánchez to their team in Mexico City. Sánchez, having a significant track record in leading mergers and acquisitions transactions, private equity and other matters in excess of $25 billion, is…
As Q3 concludes, Asia Pacific legal advisors’ market trends signal a dominance of US and Indian firms. Significant players such as King & Wood Mallesons, Davis Polk & Wardwell, and Latham & Watkins have emerged as the leaders in this region for their extensive involvement in high-value mergers and acquisitions. According to Refinitiv data, King…
Recent data suggests that mergers and acquisitions (M&A) activity has experienced a significant slowdown in the wake of a post-COVID boom, falling by as much as 44% in global value during the first few months of 2023. This data was revealed in a report issued by Bain & Company. Given this trend, private equity sponsors…
In the period spanning August to September 2023, Brussels has seen a significant development in the field of antitrust and competition law. The European Commission has adopted a new legislative package – the Merger Simplification Package – aiming to simplify and streamline the merger process for corporations across the European Union. Implemented on September 1,…
In a significant lateral move, corporate partner Walid Salib has been appointed as head of Mergers and Acquisitions (M&A) in Saudi Arabia by Dhabaan & Partners, the associated firm with Eversheds Sutherland. Salib, who specialises in a variety of corporate matters across diverse sectors, was previously with Freshfields Bruckhaus Deringer. He spent nearly 13 years…
The European Commission (EC) made an unexpected move on September 25, 2023, when it halted the intended acquisition of Flugo Group Holdings AB (also known as eTraveli) by Booking Holdings Inc. This deters the EC’s first veto of a transaction within this year and signifies its first-ever prohibition anchored solely upon anxieties related to the…
In recent comments, Principal Associate Deputy Attorney General (PADAG) Marshall Miller of the Department of Justice (DOJ) hinted at the provision of new guidance specifically tailored to mergers and acquisitions (M&A) involving self-disclosure of corporate transgressions. As divulged by PADAG Miller, Deputy Attorney General Lisa Monaco is expected to make an announcement regarding the same…
In the midst of a turbulent economic setting, international purchasers are finding opportunities in German M&A (Mergers and Acquisitions), bolstered by the energy transition targeting key sectors. These primarily include the industrials & chemicals and automotive industries. Current market forces that have been impacting Europe, including incessant inflation, a restrictive finance climate, geopolitical conflict, and…
On September 21, 2023, the Federal Trade Commission (FTC) brought a suit against Welsh, Carson, Anderson & Stowe (WCAS) and U.S. Anesthesia Partners, Inc. (USAP), alleging both parties for carrying out an anticompetitive scheme over several years. The FTC filed the case in the Southern District of Texas, stating the companies aimed to consolidate anesthesiology…
In the latest Healthcare Authority Newsletter underlined is the American Hospital Association’s (AHA) concern about proposed updates to the Federal Trade Commission’s pre-merger notification requirements. According to the AHA, the adjustments poised are “largely unnecessary” and encompass “a substantial burden” for successful antitrust scrutiny within hospital sector. The new stipulations, as presented by the Federal…
As the European Union continues its negotiation phase, or trilogue, in Brussels regarding the EU AI Act, the impact of this new regulation on the Mergers & Acquisitions (M&A) sector is increasingly under scrutiny. The Act, still under negotiation, is intended to promote the activity of European companies in the field of artificial intelligence (AI),…
Environmental, social, and governance considerations, collectively known as ESG, are beginning to play pivotal roles in the mergers and acquisitions landscape. As corporations and law firms conduct business in a rapidly evolving global business environment, the assessment of ESG factors has become increasingly challenging in M&A transactions. The ability to thoroughly conduct ESG due diligence…
The financial technology (fintech) landscape is evolving, especially in the United Kingdom and Europe, where new trends are emerging. Many financial services companies are pivoting, with a concentration on mergers and acquisitions (M&A) to fuel growth as the third ‘fintech epoch’ emerges. Many European fintech start-ups have faced challenges in securing funding rounds at previous…