Mergers & Acquisitions

  • January 27, 2022

    Judge Says $6.1B Energy Deal Fight Can Proceed, This Time

    A Delaware federal magistrate judge on Thursday recommended that revamped federal claims alleging shareholders were led astray about the $6.1 billion sale of renewable power company Pattern Energy should proceed, saying the investors adequately backed up their claims this time around.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Facebook Data Antitrust Suits Get New Judge

    A string of cases in California federal court accusing Facebook of monopolizing social media markets through its use of consumer data have been reassigned to a new judge thanks to the recent elevation of Judge Lucy H. Koh to the Ninth Circuit.

  • January 27, 2022

    Greenberg Traurig Lures Nelson Mullins Partner In Miami

    Greenberg Traurig LLP has snagged a new shareholder for its corporate and Latin America practices in Miami from Nelson Mullins Riley & Scarborough.

  • January 27, 2022

    4 Firms Rep As Satellite Biz D-Orbit Goes Public In $1.3B Deal

    Italian satellite launch business D-Orbit SpA said Thursday it's going public by merging with blank-check company Breeze Holdings Acquisition Corp. in a deal with an enterprise value of $1.28 billion and that was led by four law firms, including K&L Gates LLP and Woolery & Co. PLLC.

  • January 27, 2022

    Axiata To Buy $606M Stake In Indonesian TV, Broadband Co.

    Malaysian telecommunications company Axiata Group Berhad will acquire Indonesian television and broadband operator PT Link Net in a two-part transaction that first sees the buyer paying about 8.72 trillion Indonesian rupiah ($606.2 million) for a stake of more than 66%, the companies said Thursday.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Deals Rumor Mill: Nvidia, Unilever, Kim Kardashian's Skims

    Nvidia will ditch its $40 billion purchase of U.K. semiconductor company Arm, activist billionaire Nelson Peltz has amassed a stake in European consumer goods giant Unilever, and Kim Kardashian's Skims brand has achieved a $3.2 billion valuation. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • January 27, 2022

    The Implications Of CFIUS' Rising Profile On M&A

    The Committee on Foreign Investment in the U.S. is viewed as an effective tool for policing mergers and acquisitions with foreign investment components, but experts say its increasing prominence means more legal work on the front end of deals, and a growing number of lawmakers say it should shoulder even more responsibility.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 27, 2022

    EU Clears Facebook's Kustomer Deal, But Rivals Get Access

    European Union antitrust officials announced Thursday that they will permit Facebook parent company Meta Platforms Inc. to buy customer service management provider Kustomer, assuaged by commitments to guarantee 10 years of access to rival providers.

  • January 26, 2022

    Limited Resources Will Test DOJ Preference For Merger Suits

    Jonathan Kanter, the U.S. Department of Justice's Antitrust Division chief, used his first address on the job to say that merger settlements should be "the exception, not the rule." But antitrust professionals say his desire to challenge more potentially anti-competitive mergers in court is likely to be tempered by limited government resources.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Sullivan & Cromwell, Fenwick Steer $1.4B UBS Fintech Buy

    Swiss bank UBS said Wednesday it will acquire automated wealth management company Wealthfront in a $1.4 billion deal guided by Sullivan & Cromwell and Fenwick & West that the banking heavyweight hopes will expand its reach among wealthy U.S. customers.

  • January 26, 2022

    Del. Court Tosses Challenge To $13B Noble-Chevron Merger

    A Delaware court on Wednesday tossed out a lawsuit challenging Noble Energy Corp.'s $13 billion merger with Chevron Corp. in 2020, dismissing arguments from investors that they should have been informed about a potential partial sale offer made years earlier.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Homebuilder, CFO Must Face SEC's Insider Trading Claims

    An Arizona-based mobile home company and its former chief financial officer will have to face an insider trading suit from the U.S. Securities and Exchange Commission after an Arizona federal judge denied their dismissal motions, finding that the SEC had adequately pled its claims.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Brown Rudnick Snags Corporate Partner In Boston

    Brown Rudnick LLP announced that it has hired an experienced corporate attorney with a focus on startup companies as a partner in Boston, the ninth attorney to join the firm from McCarter & English LLP this month.

  • January 26, 2022

    Viterra Buys Grains Biz From Marubeni Unit For $1.1B

    Agricultural products company Viterra Ltd. said Wednesday it's buying the grain and ingredients business of Gavilon Agriculture Investment Inc. from Japanese conglomerate Marubeni Corp. for about $1.1 billion.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Mergers & Acquisitions Group Of The Year: Wachtell

    Wachtell Lipton Rosen & Katz guided medical supplies corporation Medline's $31 billion June sale of its majority interest to major private equity firms including Blackstone and also represented Square Inc. in its $29 billion buy of payment corporation Afterpay Ltd., which helped land the New York law firm on the list for Law360's Mergers & Acquisitions Groups of the Year.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 26, 2022

    Digital Medicine Co. Akili Valued At $1B Via SPAC Merger

    Akili Interactive, a prescription digital medicine company that uses video games to treat issues including depression and attention deficit hyperactivity disorder, will go public at a $1 billion valuation by merging with a special-purpose acquisition vehicle, the companies said Wednesday, in an agreement shaped by three law firms.

Expert Analysis

  • What Cos. Should Know About D&O Policy Landscape In 2022

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    Directors and officers liability insurance issues are likely to evolve this year against the backdrop of a new COVID-19 variant, rising inflation and other developments, particularly with regard to antitrust-related enforcement, special purpose acquisition companies, pandemic-related liability and cybersecurity, says Christina Lincoln at Robins Kaplan.

  • Lessons On Conflicted-Party Transactions From NC Ruling

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    The North Carolina Supreme Court's recent Reynolds American v. Third Motion Equities Master Fund decision, affirming the use of deal price in conflicted-party transactions, holds important implications for future corporate acquisitions in states that have adopted the Model Business Corporation Act, say attorneys at Foley & Lardner.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Opinion

    SEC Sacrifices Process To Block New Proxy Adviser Rules

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    The U.S. Securities and Exchange Commission's about-face on its recently passed reforms concerning proxy advisers is an example of how Chair Gary Gensler has forgone deliberation and bipartisanship to pursue his ambitious agenda — which is emblematic of the increasing politicization of the commission, says David Dragics at the National Investor Relations Institute's Advocacy Committee.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • Opinion

    FTC Rulemaking Risks Expansion Of Unfair-Method Bounds

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    The Federal Trade Commission's plan to issue rules defining unfair methods of competition under Section 5 of the FTC Act arguably exceeds the commission's power, and isn't justified, because the current case-by-case approach to promoting competition through adjudication is preferable, says Sean Gates at Charis Lex.

  • What To Expect From Merger Guideline Modernization

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    The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Biden's Antitrust Shift May Play Out On The Golf Course

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    The Biden administration's tougher stance on antitrust enforcement could bring about changes in professional golf, particularly restrictions on non-PGA tournaments and broadcasts, says Tad Lipsky at George Mason University.

  • Antitrust's 1900s Nostalgia In The US And Beyond

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    President Joe Biden's appointees will continue to pursue a return to a previous antitrust era this year — the Federal Trade Commission, in particular, is dusting off its old tools — and similar developments are occurring in Europe and Asia, says Maureen Ohlhausen at Baker Botts.

  • Key Contract Lessons In Del. Justices' Hotel Deal Ruling

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    The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

  • Opinion

    FTC Merger Policy Shifts May Spur Uncertainty And Risk

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    The Federal Trade Commission's recent measures to reshape enforcement priorities on vertical merger guidelines, prior approval and warning letters may increase uncertainty for companies seeking approval for their transactions, and require earlier attention to the process, say attorneys at Wiggin and Dana.

  • Evaluating Director Protections After Del. Bankruptcy Ruling

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    The Delaware Bankruptcy Court's recent decision in Friedman v. Wellspring Capital, outlining the conditions under which an alleged duty of loyalty breach can survive a motion to dismiss, may undermine corporate decision makers' ability to negotiate for what are customary and necessary protections as they manage distressed entity transactions, say attorneys at Ropes & Gray.

  • Opinion

    FTC Should Rethink Market Issues In Facebook Case

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    The Federal Trade Commission's antitrust prosecution of Meta Platforms, formerly Facebook, may have survived the initial litigation stage this week, but the case still does not embrace the markets it purports to fix, says David Reichenberg at Cozen O'Connor.

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