Mergers & Acquisitions

  • July 02, 2020

    Shackelford Adds 6 Winstead Attys In Houston, Dallas

    Shackelford Bowen McKinley & Norton LLP has added to its Dallas and Houston offices six attorneys previously with Winstead PC who work in the areas of intellectual property and corporate law, the firm has announced.

  • July 02, 2020

    NextEra Fights For $60M Fee From EFH Ch. 11 At 3rd Circ.

    NextEra Energy Inc. urged the Third Circuit on Thursday to revive its bid for $60 million in administrative expenses in connection with a scrapped deal to purchase assets from bankrupt Energy Future Holdings Corp., arguing that it spent the money in reliance on a sale termination fee that was later taken off the table.

  • July 02, 2020

    Don't Miss It: Cooley, Weil Guide Week's Hot Deals

    With so much mergers and acquisitions news this week, you may have missed multiple deals announced in the last several days helmed by firms such as Cooley and Weil. Here, Law360 recaps the ones you may have missed.

  • July 02, 2020

    Top Delaware Cases Of 2020: A Midyear Report

    Despite the pandemic, the first half of 2020 saw epic judicial gear-shifting but no real slowdown in Delaware's key business courts, with new Chancery Court complaints actually picking up and important corporate and commercial law decisions regularly emerging from remotely conducted proceedings.

  • July 02, 2020

    DOJ Antitrust Chief Denies Staffer Claims Of Political Bias

    The head of the U.S. Department of Justice's Antitrust Division has hit back against allegations made by a division staffer that investigations into recent cannabis mergers and a car emissions deal were politically motivated.

  • July 02, 2020

    Singapore Watchdog To Probe LSE's $27B Refinitiv Deal

    Singapore's competition authority on Thursday raised concerns about the London Stock Exchange's planned $27 billion takeover of Refinitiv, saying the blockbuster deal could affect the market for foreign exchange rates.

  • July 02, 2020

    Biotech Firms Drive IPO Rebound While 'Unicorns' Gear Up

    The initial public offering market ended midyear on a roll and appears poised for a strong second half of 2020, powered by a robust biotechnology sector and potential debuts from venture-backed technology "unicorns" — barring more pandemic-related setbacks.

  • July 02, 2020

    More Than A Dozen Firms Aided Largest Q2 Real Estate Deals

    White & Case and Hogan Lovells were among more than a dozen firms that helped with the 10 largest real estate mergers and acquisitions deals of the second quarter, five of which were north of the $1 billion mark.

  • July 01, 2020

    Judge May Allow Suit Over 'Troubling' McClatchy Debt Rework

    The New York bankruptcy judge overseeing newspaper chain McClatchy Co.'s bankruptcy said he would decide by the end of the week whether to give unsecured creditors permission to sue over what he called "troubling" aspects of a 2018 debt restructuring.

  • July 01, 2020

    T-Mobile Closes $1.4B Sprint Divestment Deal With Dish

    T-Mobile has made good on its promise to shed all of Sprint's prepaid mobile business in the wake of the telecom giants' $56 billion merger, revealing Wednesday that it has officially closed the divestiture deal with Dish Network for $1.4 billion.

  • July 01, 2020

    High Times Parent To Acquire Calif. Cannabis Delivery Service

    The private equity-backed parent company of cannabis magazine High Times said it has entered into an acquisition agreement with a California cannabis delivery service, which the company said would give it distribution hubs in the Golden State as it seeks to break into retail marijuana.

  • July 01, 2020

    Bausch Not Covered For Allergan Case, Insurers Say

    Insurers for Bausch Health Cos. asked a New Jersey federal judge Wednesday to find that they don't have to pay the pharmaceutical company's costs to defend and settle class-action suits it faced over an alleged insider trading scheme connected to a failed takeover of Allergan, contending the suits are not covered "securities claims."

  • July 01, 2020

    Portola Investor Wants Docs About $1.4B Alexion Deal

    A Portola Pharmaceuticals investor filed a lawsuit Tuesday in Delaware Chancery Court seeking records from the biotech company to probe possible wrongdoing related to its proposed $1.4 billion purchase by Alexion Pharmaceuticals, asserting Portola's directors seemed driven to sell by "COVID-19 pandemic-driven fear."

  • July 01, 2020

    Freshfields Debuts In Silicon Valley With 5 Local Hires

    U.K.-based law firm Freshfields Bruckhaus Deringer LLP on Wednesday announced a new outpost in Silicon Valley, hiring five California attorneys from four rivals to form its third U.S. office and build its footprint in the global tech hub.

  • July 01, 2020

    Water Co. Says Centennial Sunk $150M Saltwater Well Deal

    A Texas water management company told a Houston-area court it's the rightful recipient of $10 million in escrow funds from a busted $150 million saltwater disposal well deal with a Centennial Resource Development unit.

  • July 01, 2020

    Brazil Watchdog Eases Up On Facebook, Cielo Payment Deal

    Brazil's competition authority has dropped a recent decision to block a partnership between Facebook and credit card issuer Cielo, but says it will continue probing the deal for possible anti-competitive effects.

  • July 01, 2020

    Skadden-Led SPAC Prices $125M IPO To Fund Biotech Buy

    Special purpose acquisition company Panacea Acquisition Corp. debuted in public markets Wednesday after completing a $125 million initial public offering intended to fund a biotechnology acquisition, guided by Skadden Arps Slate Meagher & Flom LLP and underwriters counsel Greenberg Traurig LLP.

  • July 01, 2020

    Peabody, Arch Coal Hit Back Against FTC's Bid To Halt JV

    Peabody Energy Corp. and Arch Coal Inc. have urged a Missouri federal court not to halt their proposed joint venture, arguing in a Tuesday filing that the Federal Trade Commission took too narrow a view of their market and could not support its claims that the venture would have anti-competitive effects.

  • July 01, 2020

    Innogy Delaying Wind Project To Avoid Paying $70M, Suit Says

    The seller of a wind farm project has told a New York federal court a former Innogy SE unit is purposely holding up the progress of the venture to avoid coughing up a nearly $70 million payment it owes upon completion of the project.

  • July 01, 2020

    Carlyle Taps 2 Firms For $235M Indian Data Center Deal

    Carlyle, advised by L&L Partners and Freshfields, will pay $235 million for a stake in the data center business of Indian telecommunications giant Bharti Airtel, the companies said Wednesday, in an agreement that values the unit at $1.2 billion and strengthens the private equity firm's portfolio of data center assets.

  • June 30, 2020

    Del. Justices Reverse $18B Towers Watson Merger Suit Toss

    A split Delaware Supreme Court on Tuesday reversed and sent back for reconsideration the Chancery Court's mid-2019 dismissal of a stockholder suit challenging the $18 billion merger of Towers Watson & Co. and Willis Group, saying the lower court mistakenly deferred too much to the combined company when it dismissed breach of fiduciary duty claims against Towers' CEO.

  • June 30, 2020

    DOJ, FTC Finalize Vertical Merger Guidelines

    The U.S. Department of Justice and a divided Federal Trade Commission issued the final version of their new vertical merger guidelines Tuesday, hewing closely to an earlier draft but leaving out perhaps the most controversial part: a market share threshold under which deals would be less likely to be scrutinized.

  • June 30, 2020

    Genomic Health Investor Calls Exact Sciences Merger Unfair

    A former Genomic Health Inc. investor blasted the company's planned $2.8 billion merger last year with fellow cancer treatment developer Exact Sciences Corp. as a sweetheart deal that undervalued the company, failed to disclose important information to investors and was agreed to by the controlling shareholder before terms were finalized.

  • June 30, 2020

    Top US Trade Official Who Led China Talks To Rejoin Skadden

    Jeffrey Gerrish, the deputy U.S. trade representative who played a lead role in brokering this year's hard-fought trade pact with China, will rejoin Skadden Arps Slate Meagher & Flom LLP in August, the firm announced Tuesday.

  • June 30, 2020

    Consumers Say Vaping Claims Aren't Barred In Juul MDL

    Consumers in the federal multidistrict litigation over vaping told a California judge on Monday that federal law does not broadly bar their claims that Juul Labs Inc. and Altria Group Inc. hid the dangers of e-cigarettes in their marketing, saying that was not what Congress intended.

Expert Analysis

  • CFIUS Latest Annual Report Reveals Key Enforcement Trends

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    Attorneys at Reed Smith discuss five takeaways from the new annual report of the Committee on Foreign Investment in the United States, which assessed the 229 notices and 21 declarations filed for CFIUS' review in 2018 and provided a first look at the impact of the Foreign Investment Risk Review Modernization Act.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • What COVID-19 Means For The Future Of Health Mergers

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    Health industry sectors, including hospitals and physician organizations, are likely to see growth in consolidation activity as a result of COVID-19, but remote deal-making and other challenges will increase the difficulty of finalizing deals, says Larry Gage at Alston & Bird.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • Updated DOJ Guidance Holds COVID-19 Compliance Clues

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    The U.S. Department of Justice's recently updated corporate compliance guide includes a few modest edits that are especially relevant in the COVID-19 environment as companies navigate new risks and consider new business models amid tightening budgets, say Audrey Harris and Juliet Gunev at Mayer Brown.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Will US Oil Cos. Follow OPEC's Lead On Production Cuts?

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    Recent production cuts agreed to by the Organization of the Petroleum Exporting Countries and its allies gave markets confidence that Saudi Arabia and Russia are committed to stabilizing oil prices, but the question now is whether U.S. shale oil producers will continue to reduce their own production, say Denmon Sigler and Scott Shelton at Baker McKenzie.

  • Prepare For Antitrust Scrutiny Of PIPEs, Partial Acquisitions

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    In light of the regulatory attention on private equity investment activity, as well as the recent decline in M&A activity and increase in private investments in public equity, the Federal Trade Commission or U.S. Department of Justice may decide to examine for the first time a PIPE transaction that raises competitive questions, say Peter McCormack and Laura Sullivan at Kirkland.

  • How COVID-19 Impact Analysis May Shape MAE Disputes

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    Emerging disputes over whether the COVID-19 crisis has triggered a merger transaction’s material adverse effect clause shine a spotlight on the importance of showing whether the pandemic has disproportionately impacted particular industries and companies, say David Tabak and Edward Flores at NERA.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • PE Deals Should Consider Gov't Contractors' Small Biz Status

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    Private equity firms targeting government contractors that receive preferential treatment in federal procurement should know how to spot red flags that result in loss of small-business status and the deal structures that mitigate this risk, say Elizabeth Leavy and Robert McCann at Reed Smith.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

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