Mergers & Acquisitions

  • September 22, 2020

    4 Questions As Nikola Navigates Gov't Probes, Investor Suits

    Nikola Corp. is facing scrutiny from investors and the government after the electric truck maker's founder suddenly stepped down in the wake of a short-seller's report accusing the company of overhyping its technology, raising a host of questions about Nikola's prospects, including its fresh partnership with General Motors.

  • September 22, 2020

    Topgolf Says Rival Wants A 'Mulligan' In Antitrust Suit

    Topgolf has told a Texas federal court that SureShot is trying to take a second swing at claims that have already been tossed with a new suit accusing the golf entertainment company of blocking access to technology the would-be rival said it needed to compete.

  • September 22, 2020

    Taylor Wessing Reps On Planned £1B Housing JV

    Represented by Taylor Wessing, an EQT unit said Tuesday it's launched a joint venture with United Kingdom-based housing developer Sigma Capital to create a £1 billion portfolio of 3,000 rented homes.

  • September 22, 2020

    Aimco Investor Blasts Plan To Split Company, Calls For Vote

    Activist investor and Apartment Investment and Management Co. investor Jonathan Litt on Tuesday blasted the company's plan to split the business into two entities and called for a shareholder vote on the matter, saying the transaction would likely decrease the value of its investment and is an attempt by the company's leaders to rid itself of a track record of poor management.

  • September 22, 2020

    Gibson Dunn Steers $454M Buy Of Sports Equipment Maker

    Compass Diversified, the owner of several consumer and industrial North American companies, said Tuesday that it has inked a $454 million deal to purchase sports equipment company BOA Technologies, with guidance from Gibson Dunn.

  • September 22, 2020

    $2B Online Slots Deal Draws UK Antitrust Scrutiny

    The U.K.'s antitrust watchdog said Tuesday that it would probe Swedish live casino gambling technology company Evolution Gaming's proposal to buy gaming solutions business NetEnt for 19.6 billion Swedish kronor ($2.2 billion).

  • September 22, 2020

    Media-Focused SPAC Leads 3 IPOs Raising $590M Combined

    A White & Case-led special purpose acquisition company seeking to buy a business in the media and technology industries debuted in public markets Tuesday after raising $300 million, the largest of three recent SPAC initial public offerings that netted a total of $590 million.

  • September 22, 2020

    PE Firm Mobeus Fights To Claw Back £14M Failed Investment

    Private equity firm Mobeus Equity Partners is suing a construction company after losing a £14 million ($17.8 million) investment when the company undershot its forecasts and went into administration.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Juul, Altria Seek To Snuff Out RICO Claims From Vaping MDL

    Juul Labs and Altria Group urged a California federal judge during a hearing Monday to vaporize Racketeer Influenced and Corrupt Organizations Act and public nuisance claims in federal multidistrict litigation over the youth vaping epidemic, arguing consumers and school districts insufficiently pled the companies collaborated to defraud the public.

  • September 21, 2020

    FTC Wants More Info On Some Deals, Exemptions For Others

    The Federal Trade Commission said Monday it will propose changes to the U.S. merger review process aimed at capturing additional information about certain deals while creating a new exemption for others through a rulemaking supported by the U.S. Department of Justice.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    3 Lingering Questions About Oracle's Deal With TikTok

    Oracle's deal with TikTok makes it the social media app's "secure cloud technology provider," but questions remain, including how ByteDance will be walled off from TikTok's user data and whether future situations will be handled in the same unusual fashion. Here, Law360 explores three questions that persist in the wake of the announcement from Oracle and TikTok.

  • September 21, 2020

    French Telecom Co. Iliad Makes $2.6B Bid For Poland's Play

    France-based telecommunications service provider Iliad Group said Monday that it had made a €2.2 billion (nearly $2.6 billion) bid to purchase Polish telecommunications business Play.

  • September 21, 2020

    TikTok Files New Suit Over Trump's Ban On App Downloads

    TikTok Inc. and its Chinese parent company ByteDance Ltd. have filed a new suit against the Trump administration in D.C. federal court to stop a ban on U.S. downloads of the popular short-form video sharing app, alleging that the government overstepped its authority and violated due process rights and free-speech protections.

  • September 21, 2020

    Chancery Sets Fast Trial For $16.2B Tiffany-LVMH Merger Suit

    Delaware's Chancery Court set a fast-track schedule late Monday for a Jan. 5 trial on a Tiffany suit accusing LVMH of breaching its $16.2 billion merger agreement, with the start date described as allowing time for a ruling and appeals before international antitrust approvals begin to expire.

  • September 21, 2020

    Chinese HR Services Provider Mulls Bid Valuing Co. At $5.3B

    China-based human resources services provider 51job Inc. said Monday it would form a special committee to evaluate a takeover bid from Chinese private equity firm DCP Capital Partners LP valuing it at about $5.3 billion.

  • September 21, 2020

    Payment Providers Fight To Force WEX To Close $1.7B Deal

    WEX shouldn't be able to use the coronavirus pandemic to escape a $1.7 billion deal for a pair of travel payment providers, the seller's lawyers said at trial Monday. 

  • September 21, 2020

    Microsoft Inks $7.5B Deal For Skadden-Led Video Game Maker

    Microsoft unveiled plans Monday to buy video game publisher ZeniMax Media, the parent company of "The Elder Scrolls V: Skyrim" and "Fallout" creator Bethesda Softworks, in a $7.5 billion cash deal steered by Skadden.

  • September 21, 2020

    Asbestos Liability Fight Brewing In Garrett Motion Ch. 11

    The Chapter 11 case of auto parts maker Garrett Motion Inc. got off to a rocky start Monday in New York when former parent company Honeywell International Inc. alleged the bankruptcy proceeding was filed as a way for the debtor to escape more than $1 billion in asbestos liability.

  • September 21, 2020

    Cravath, Latham Craft $8B Deal For Cancer Detection Biz

    Biotechnology firm Illumina Inc. has agreed to buy Grail, a publicly traded cancer detection company it founded back in 2016, for roughly $8 billion, the two California-based companies said Monday, in a deal stitched together by Cravath and Latham & Watkins.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • A Close Look At CFIUS' New Critical Tech Reporting Rule

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    A recently finalized rule from the Committee on Foreign Investment in the United States, aligning transaction reporting requirements with export control regulations for critical technology, brings several new considerations for buyers and sellers, says Zlatko Hadzismajlovic at McCarter & English.

  • Negotiating M&A Bank Engagements During A Downturn

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    Amid the pandemic slowdown, companies considering mergers and acquisitions should prioritize negotiating engagement letters to minimize risk, align their interests with their investment bank's, and maximize price and the likelihood of a closed deal, say Matthew Misichko and David Kaufman at Thompson Coburn.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

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    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Chancery Ruling Offers Takeaways On Conflicts In M&A Sales

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    The Delaware Court of Chancery's recent decision in Rudd v. Brown — a challenge to Outerwall's $1.6 billion sale to Apollo — provides valuable insight in the context of conflicts of interest and director and officer fiduciary duties during M&A sales processes completed amid threats of activist-driven proxy contests, says Sawyer Duncan at King & Spalding.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Cannabis Mergers Skewed Hart-Scott-Rodino Report Data

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    Data in the recently released 2019 Hart-Scott-Rodino report is plagued by nine of 31 significant merger investigations having involved cannabis industry mergers for which credible antitrust concerns were lacking, making meaningful comparison with enforcement efforts in previous years difficult, says Jack Sidorov at Lowenstein Sandler.

  • Considerations For M&A Targets Holding PPP Loans

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    As businesses with Paycheck Protection Program loans examine potential sales, they should take into account how the structure of the transaction will impact their ability to utilize any unused portion of their PPP loan or to obtain loan forgiveness, say Michael Shaw and Peter Shepard at Much Shelist.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Best Practices For Health Care Mergers In The COVID-19 Era

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    Health providers considering consolidation as a result of the pandemic's impact should attempt to mitigate antitrust enforcers' concerns by substantiating a merger with evidence of cost and quality efficiencies and making efforts to seek competition-friendly alternatives, say attorneys at Shook Hardy.

  • New FCPA Guide Signals Laxer Successor Liability Approach

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    Recent updates by the U.S. Department of Justice and U.S. Securities and Exchange Commission to the Foreign Corrupt Practices Act resource guide focus on timeliness and thoroughness of post-acquisition due diligence, indicating a potential relaxation of stringent requirements for M&A successor liability, say Paige Ammons and Bree Murphy at Buckley.

  • M&A In The Energy Industry: 6 Current Trends

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    The COVID-19 pandemic and the oil price war between Saudi Arabia and Russia sent demand for oil plunging this year — but an abundance of distressed assets means that ample opportunities for mergers and acquisitions in the energy sector still exist, say attorneys at Winston & Strawn.

  • M&A Bargain Hunters Should Heed The WARN Act

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    Companies seeking opportune acquisitions amid the economic downturn should be aware that buyers are not immune from liability under the Worker Adjustment and Retraining Notification Act where transactions result in plant closings or mass layoffs, say Amelia Henderson and Kayla Haines at Smith Hulsey.

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