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Mergers & Acquisitions

  • January 16, 2019

    PetIQ Chews On Rivals' Fresh Suit Over Clinic Chain Buy

    Pet medicine distributor PetIQ has urged a California federal court to toss an amended suit brought by two rivals seeking to block its purchase of a veterinary clinic chain, saying the antitrust suit lacks the flesh it was asked to add to the first version.

  • January 16, 2019

    Deals Rumor Mill: Schleich, Siemens-Alstom, Salesforce

    Ardian is planning to sell German toymaker Schleich, Siemens and Alstom are mulling bolstering their assets being sold as part of a bid to win European regulators’ approval of their €15 billion proposed rail merger, and Salesforce.com is discussing a deal to snap up ClickSoftware Technologies.

  • January 16, 2019

    Barr Shows He Is Mostly In Tune With DOJ Antitrust

    Big isn't necessarily bad, William Barr told lawmakers Tuesday in one of several areas where the attorney general nominee largely aligned with the existing views of the U.S. Department of Justice's Antitrust Division, absent a Time Warner-sized hole.

  • January 16, 2019

    Spinoff Liable For $1.6M Tab, Enviro Firm Tells Del. Justices

    Skeptical Delaware Supreme Court justices homed in Wednesday on a lack of written contract terms to back up an environmental cleanup firm’s appeal claim that insurance bills of a sold-off affiliate should have been picked up by the buyer.

  • January 16, 2019

    FCC Conditions On Charter Merger Were Illegal, DC Circ. Told

    The Federal Communications Commission overstepped its bounds by placing conditions on Charter’s merger with Time Warner Cable and Bright House Networks that were unrelated to the transaction, a libertarian think tank has told the D.C. Circuit.

  • January 16, 2019

    Beauty Brands Bidder Says 23-Store Offer Is Best Available

    The founders of bankrupt cosmetics retailer Beauty Brands told a Delaware Bankruptcy Court judge Wednesday they presented the debtor with an offer to acquire 23 of its stores and continue operating them as a going concern, calling the bid superior to the stalking horse bid in a chain-wide liquidation plan.

  • January 16, 2019

    EU Top Court Reverses Watchdog's Block Of UPS-TNT Merger

    Europe's highest court on Wednesday upheld a lower court order annulling the European Commission's decision to block United Parcel Service Inc.'s failed $6.8 billion merger with Dutch delivery service TNT Express NV.

  • January 16, 2019

    Fried Frank Adds REIT Head, Tax Atty From Hogan Lovells

    Fried Frank Harris Shriver & Jacobson LLP has brought on two real estate investment trust lawyers from Hogan Lovells, appointing one as the new head of its REIT practice while the other joins the firm's tax practice in Washington, D.C.

  • January 16, 2019

    EU Veto Of Siemens-Alstom Deal Would Be A Mistake: France

    France's official government spokesperson told reporters Wednesday that the European Commission would be making an economic and political misstep if it blocked Siemens AG and Alstom SA's high-speed railway tie-up.

  • January 16, 2019

    DSV Makes $4B Bid For Swedish Supply Chain Co. Panalpina

    Danish transportation and logistics company DSV A/S on Wednesday confirmed it made a nearly 4.04 billion Swiss franc ($4.08 billion) offer to buy Panalpina after the Swiss supply chain company earlier in the day disclosed the unsolicited offer.

  • January 16, 2019

    MoFo Snags 2 Ex-Davis Polk Executive Compensation Pros

    Morrison & Foerster LLP has hired two former Davis Polk & Wardwell LLP attorneys in New York to bolster its executive compensation team — one with experience in federal tax and securities law and the other in transactional work.

  • January 16, 2019

    M&A Group Of The Year: Shearman & Sterling

    Shearman & Sterling LLP has tackled deals around the globe for major clients, including Novartis, CVS Health Corp. and Unibail-Rodamco SE, and its comprehensive approach to mergers and acquisitions has set it apart from the competition and earned the firm a spot as one of Law360’s 2018 Mergers & Acquisitions Groups of the Year.

  • January 16, 2019

    Competition Watchdog Reveals Scope Of PayPal Merger Probe

    Britain’s antitrust watchdog has set out the questions it will consider as it decides whether PayPal’s $2.2 billion takeover of a Swedish competitor could weaken competition in the U.K., as it called for evidence on the merger from businesses in the sector.

  • January 16, 2019

    4 Firms Guide Fiserv's $22B First Data Buy

    Fiserv said Wednesday it will buy private equity-backed financial services company First Data in a $22 billion all-stock acquisition guided by Sullivan & Cromwell LLP, Simpson Thacher & Bartlett LLP, Latham & Watkins LLP and Kirkland & Ellis LLP.

  • January 15, 2019

    Oxbow Carbon Must Pay Up In Chancery Records Dispute

    A Delaware vice chancellor ordered Oxbow Carbon LLC to pay $60,000 in fees to minority investors who won an order compelling the sale of William Koch’s multibillion-dollar energy company and then sued for records on its payments to the founder's personal attorney at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    US Trustee Rips Bankrupt Makeup Co.'s $1.4M Exec Bonus Bid

    The U.S. Trustee’s Office on Tuesday asked a New York bankruptcy court to deny cosmetics maker Glansaol Holdings Inc.’s request to pay up to $1.4 million in executive bonuses, saying there was no proof the goals are a stretch or that bonuses won’t be going to insiders.

  • January 15, 2019

    Antitrust Bar Worries UK Merger Discovery Too Burdensome

    New document request guidelines for United Kingdom merger reviews have raised a host of concerns for the antitrust bar, according to comments made public Tuesday.

  • January 15, 2019

    CFIUS Backlog Will Only Worsen As Shutdown Carries On

    The Committee on Foreign Investment in the United States is facing a growing backlog of deals to review for national security risks as the government remains shut down, creating a scenario that could significantly delay inbound acquirers’ ability to seal transactions.

  • January 15, 2019

    Chancery Trims Fee Award In Miramar Class Merger Challenge

    A Delaware Chancery Court judge reduced an award of attorneys' fees requested by plaintiffs' counsel Tuesday in a shareholder merger suit alleging conflict of interest against the directors of medical technology company Miramar Labs Inc. before approving a $410,000 cash settlement.

Expert Analysis

  • CFIUS During The Shutdown: What It Means For Deals

    Michael Leiter

    With no clear end in sight to the government shutdown — including the shutdown of a majority of the Committee on Foreign Investment in the United States — global companies, strategic investors and their outside counsel must carefully consider the ongoing impact on deals at all stages, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Sears’ Biggest Sale (Itself) Offers Valuable Lessons For Retail

    Robert Marticello

    Although a deal announced Wednesday could keep open more than half the department stores that retail dinosaur Sears Roebuck and Company had when it filed for bankruptcy protection last October, Sears remains a cautionary tale for the retail industry, say Robert Marticello and Philip Strok of Smiley Wang-Ekvall LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Rebuttal

    Door Maker Case Is A Boon To Private Antitrust Litigants

    Jamie Miller

    A recent Law360 guest article argued that the Virginia federal court's decision in Steves and Sons v. Jeld-Wen casts doubt on the value of pre-merger clearance. But the ruling raises a much more important issue — a private plaintiff had to do what the U.S. Department of Justice wouldn’t, says Jamie Miller of the Alioto Law Firm.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Common Stockholders Can Wa[i]ve Appraisal Rights Goodbye

    Morgan Mordecai

    The Delaware Court of Chancery recently held that language in an agreement requiring minority stockholders to waive appraisal rights was enforceable. Though the case is already on appeal, practitioners should make sure agreements with drag-along rights include unambiguous waiver provisions whenever possible, say attorneys at Goodwin Procter LLP.

  • Discovery Confidentiality At Risk After Columbia Pipeline

    Arthur Bookout

    The Delaware Court of Chancery's recent Columbia Pipeline ruling highlights the risk that litigants may find their confidential materials, produced in discovery, attached to their opponents' filings for the purpose of unsealing the documents, say Arthur Bookout and Lilianna Townsend of Skadden Arps Slate Meagher & Flom LLP.

  • 4 Takeaways From Sunny 2019 M&A Forecast

    Michael Fannon

    Nearly two-thirds of the respondents in my firm's annual mergers and acquisitions survey expect the M&A market to strengthen in the next 12 months — the most positive outlook in the survey's 14-year history, says Michael Fannon of Dykema Gossett PLLC.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.