Mergers & Acquisitions

Expert Analysis

• Lenders Score Major High Court Victory In Foreclosure Case

  

  The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

• Tech Trends From SXSW Pose Unique Questions For Lawyers

  

  These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

• Is 'Manifest Disregard' Defense Only Mostly Dead In Texas?

  

  While Texas state courts have barred use of the "manifest disregard of the law" defense in international arbitration matters, recent cases in the Fifth Circuit describe the doctrine alternatively as “alive but not well,” “dead,” or “triumphantly ‘back from the dead,” say James Rogers and Clarissa Medrano of Akerman LLP.

• An Employment Lawyer's Guide To M&A Due Diligence

  Excerpt from Lexis Practice Advisor

  

  In the context of corporate mergers and acquisitions, there are several employment-related elements to consider. Attorneys with Proskauer Rose LLP share guidance on discovering, managing and preventing potential liabilities resulting from a target company’s labor and employment practices.

• In Bar Admissions Process, It's Candor Or Bust

  

  You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

• 4 Key Issues In Rent-A-Center Case And A $127M Question

  

  The Delaware Chancery Court's decision last week in Vintage v. Rent-A-Center is a stark reminder that courts will enforce the terms of a merger agreement as written. The issue to watch is whether Rent-A-Center will be entitled to the reverse termination fee, say attorneys at Cleary Gottlieb Steen & Hamilton LLP.

• How China's Version Of CFIUS Will Expand Security Reviews

  

  China's foreign investment security review regime shares many characteristics with the Committee on Foreign Investment in the United States. And as tensions rise between the two countries, China, like the U.S., is set to scrutinize more deals, says Guogang Li of the Tahota Law Firm.

• Series

  Judging A Book: Bashant Reviews 'Doing Justice'

  

  My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

• Firms Can Leverage Communications When Economy Is Slow

  

  Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

• A Deep Dive Into The CDS And Syndicated Financing Markets

  

  The interrelationship between the credit default swap and syndicated term loan markets has become increasingly important and complex over the past five years. Four case studies help illustrate the interplay, say attorneys at Davis Polk & Wardwell LLP.