Mergers & Acquisitions

  • February 05, 2024

    Ex-Goldman Banker Settles SEC's Civil Insider Trading Suit

    The U.S. Securities and Exchange Commission has reached a settlement resolving its civil claims against a former Goldman Sachs banker convicted of insider trading, according to a motion for consent judgment filed in New York federal court Monday.

  • February 05, 2024

    Warner Bros. Discovery Beats Investors' $43B Tie-Up Suit

    A Manhattan federal judge tossed a proposed securities class action Monday accusing Discovery of not telling investors about the flagging performance of WarnerMedia's streaming service HBO Max prior to a $43 billion merger of the two media giants, saying the plaintiff pension funds have not adequately alleged any actionable omissions.

  • February 05, 2024

    Sony Gets No Relief From Emergency Arbitrator In Nixed Deal

    The Singapore International Arbitration Center has denied Sony's bid for emergency relief to prevent Zee Entertainment Enterprises Ltd. from initiating legal action to contest a decision by the Japanese company's Indian unit to terminate their $10 billion merger, Zee said.

  • February 05, 2024

    Okta Investors Win Cert. In Cyberattack Coverup Suit

    Investors in identity and access management software company Okta Inc. have received certification for a class in a suit alleging the company misled them about a 2022 cyberattack.

  • February 05, 2024

    Volta Investor Attys Denied Fees For 'Moot' Disclosure Case

    A New York federal judge has declined to award fees to lawyers who represented a Volta Inc. investor who sued the electric vehicle company over allegedly inadequate disclosures related to a potential acquisition, saying the disclosures the company later provided because of the suit didn't give the investing public any new or useful information.

  • February 05, 2024

    Insurer, Pharmacy Settle Horse Death Coverage Dispute

    A coverage dispute between an insurer and a veterinary pharmacy over defense and indemnity for an underlying action involving the deaths of two horses was settled between the two parties Monday in Texas federal court.

  • February 05, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's chancellor gave us 55 billion reasons to keep an eye on the First State in a case involving Tesla CEO Elon Musk's pay package, while the court of equity also took on cryptocurrency, artificial intelligence, space flight and country music.

  • February 05, 2024

    SoftwareOne Investors Want Board Gone After Buyout Refusal

    A shareholder group that owns 29% of software and cloud solutions provider SoftwareOne has demanded an extraordinary general assembly to call for the wholesale removal of the company's board after it rejected a multibillion-dollar bid from Bain Capital.

  • February 05, 2024

    Hedge Fund Sues SPAC For Books On Failed Casino Deal

    A New York hedge fund on Monday sued a special purpose acquisition company for books and records related to a failed $2.6 billion deal to take a casino public in Manila, the Philippines.

  • February 05, 2024

    Packable's Creditors Can Pursue Breach Of Fiduciary Claims

    A Delaware bankruptcy judge granted unsecured creditors of e-commerce seller Packable Holdings derivative standing to pursue breach of fiduciary duty claims in an adversary complaint alleging that the company's mismanagement led to its failure.

  • February 05, 2024

    Caterpillar Gets Tweaks To Antitrust Suit Blocked

    A Delaware federal judge has refused to let a defunct construction equipment supplier add a new legal theory in its long-running antitrust case accusing Caterpillar of pressuring an online auctioneer to break its contract with a would-be competitor, finding no good cause to permit amendment years after the deadline.

  • February 05, 2024

    Reynolds, ITG Say Philip Morris Can't Butt In To Del. Dispute

    After arguing for seven years over which company owes hundreds of millions to Florida under a 1997 settlement, Reynolds Tobacco Co. and ITG Brands LLC agreed on one point at a hearing Monday in Delaware: Philip Morris USA has no business butting into their Chancery Court dispute.

  • February 05, 2024

    Audacy Abandons BMI Merger Suit With $25.4M Stock Deal

    Audacy Inc. has agreed to drop a potential shareholder lawsuit over performing rights company Broadcast Music Inc.'s sale to an investor group in exchange for at least $25.4 million in stock under a settlement approved by a Texas bankruptcy judge on Monday.

  • February 05, 2024

    Fox Rothschild Adds Real Estate Vet In Miami Office

    Philadelphia-based firm Fox Rothschild LLP has welcomed a commercial real estate attorney with more than 20 years of experience to its Miami office, the firm announced Monday.

  • February 05, 2024

    Zymergen Ch. 11 Plan Confirmed After Investor Objection

    Biotechnology company Zymergen received confirmation of its Chapter 11 plan Monday at a hearing in Delaware bankruptcy court after resolving an objection to the plan from a class of investors suing the company.

  • February 05, 2024

    A-Rod's SPAC Solidifies Satellite Mobile Phone Co. Merger

    Just over a month after signing a nonbinding letter of intent to merge, Goodwin Procter LLP-advised satellite-to-phone business Lynk Global Inc. and Kirkland & Ellis LLP-led Slam Corp., the blank-check company of former New York Yankees star Alex Rodriguez, have entered into a definitive agreement to merge in a $800 million deal.

  • February 05, 2024

    3 Firms Guide Merck Animal Health's $1.3B Buy Of Fish Biz

    Merck Animal Health announced on Monday that it plans to buy Elanco Animal Health's fish welfare business for $1.3 billion in cash, in a deal guided by Covington & Burling LLP, Gibson Dunn & Crutcher LLP and White & Case LLP.

  • February 05, 2024

    3 Firms Build Acerinox's $798M Buy Of Haynes International

    Stainless steel manufacturer and distributor Acerinox, advised by Paul Weiss Rifkind Wharton & Garrison LLP and Linklaters LLP, on Monday announced that it has agreed to buy and take private high-performance alloy manufacturer and developer Haynes International, advised by Kirkland & Ellis LLP, for $798 million in cash.

  • February 05, 2024

    Kirkland Guides Thoma Bravo On $1.5B Everbridge Buy

    Kirkland & Ellis LLP-led Thoma Bravo has agreed to purchase Everbridge, represented by Cooley LLP, in a take-private deal that values the critical event management software company at approximately $1.5 billion, the companies said Monday.

  • February 05, 2024

    Yandex To Exit Russia In Discounted $5.2B Asset Sale

    Yandex said Monday that it will sell its Russian business to a consortium for 475 billion rubles ($5.2 billion) — half its market value — in one of the biggest corporate exits from Russia since its invasion of Ukraine.

  • February 05, 2024

    Novo Holdings Buying Biopharma Co. Catalent In $16.5B Deal

    Novo Holdings, the controlling shareholder in Novo Nordisk Foundation, said Monday it has agreed to acquire Catalent in an all-cash transaction that values the pharmaceutical company at $16.5 billion, including debt, about five months after Catalent struck a deal with activist investor Elliott Investment Management to conduct a strategic review. 

  • February 05, 2024

    BCLP Sees 2nd Group Depart As 7 Head To Arnold & Porter

    A group of seven lawyers, including six partners, has departed Bryan Cave Leighton Paisner LLP and joined Arnold & Porter Kaye Scholer LLP, according to a Monday announcement that comes on the heels of a three-partner group leaving BCLP at the end of January, which included the firm's global banking sector leader.

  • February 02, 2024

    1st Circ. Fast-Tracks JetBlue And Spirit Merger Block Appeal

    JetBlue Airways and Spirit Airlines got their wish for a speedy appeal to a federal judge's decision blocking their plans for a $3.8 billion merger on Friday, with the First Circuit saying arguments would be heard in June.

  • February 02, 2024

    Matterport Stockholders Claim 'Unlawful' $220M Share Issue

    Two shareholders of 3D model maker Matterport Inc. have sued a raft of the technology company's directors, officers and investors in Delaware's Court of Chancery, asserting breach of fiduciary duty, corporate waste and unjust enrichment.

  • February 02, 2024

    Drugmaker Endo Wants To Extend Opioid Suit Pause

    Endo has asked a New York bankruptcy judge to pause the opioid litigation leveled against it for five more months, asserting that the pharmaceutical company made "wide-ranging progress" in its Chapter 11 case and expects to have a reorganization plan confirmed by March.

Expert Analysis

  • AI Can Help Lawyers Overcome The Programming Barrier

    Author Photo

    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Inside Bank Regulators' Community Lending Law Overhaul

    Author Photo

    The federal banking agencies' recently finalized changes to the Community Reinvestment Act not only account for the gradual shift to an environment where lending and deposit-taking are primarily conducted online, but also implement other updates such as diversity initiatives and a new series of lending tests, say attorneys at Norton Rose.

  • Preparing Law Students For A New, AI-Assisted Legal World

    Author Photo

    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

    Author Photo

    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • General Counsel Need Data Literacy To Keep Up With AI

    Author Photo

    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Competition Considerations From Biden's AI Executive Order

    Author Photo

    In light of President Joe Biden's recent executive order on artificial intelligence and the antitrust agencies' expansive enforcement posture, businesses in the technology and related industries should expect scrutiny, and avoid interactions that could be perceived as unlawful collaborations or exchange of competitively sensitive information, say attorneys at Hogan Lovells.

  • Tips For Avoiding Disputes From M&A Earnout Provisions

    Author Photo

    Attorneys at Freshfields review key Delaware cases to outline several important considerations that may reduce the risk of an earnout dispute arising from a merger agreement and help the parties navigate disputes when they do occur.

  • A Look At Successful Bid Protests In FY 2023

    Author Photo

    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Del. Dispatch: Refining M&A Terms After Twitter Investor Suit

    Author Photo

    The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.

  • Navigating Discovery Of Generative AI Information

    Author Photo

    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

    Author Photo

    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How 'Safe Harbor' Policy Will Modify M&A Processes

    Author Photo

    Legal practitioners should be aware that the Justice Department's "safe harbor" immunity will change the typical M&A process significantly as acquirers start embedding fraud detection into their due diligence, including a broader scope of examinations and interviews, says Jesse Silvertown at The Ledge.

  • Earnout Contract Considerations After NC Good Faith Ruling

    Author Photo

    The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.

  • M&A Ruling Buoys Loss Calculation Method, R&W Insurance

    Author Photo

    The recent Southern District of New York decision in Taylor Precision Products v. Larimer affirms the use of EBITDA as a basis to quantify loss, highlighting the potential shortcomings of a traditional seller indemnity compared to representation and warranty insurance, say Mark Schwartz at Lockton, and William O’Neil and Gretchen Scavo at Winston & Strawn.

  • Build Or Buy: Assessing Options For Starting A New Bank

    Author Photo

    Attorneys at Nelson Mullins evaluate key considerations for deciding whether to charter a new bank or purchase an existing one to implement a new business plan, as depressed stock prices, high-profile failures and regulatory stagnation create headwinds for new banks.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Mergers & Acquisitions archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!