News & Analysis as of

Sellers Mergers

A&O Shearman

Mine your own business: English court looks in detail at MAE clauses

A&O Shearman on

The English High Court has handed down judgment in BM Brazil v Sibanye Stillwater, a case which will be of great interest to all M&A lawyers. It is the first English law case to take a detailed look at how to interpret...more

Levenfeld Pearlstein, LLC

M&A Segment Trends, Seller and Buyer Motivations, and Process Strategies: A Conversation with Robert Meyer at Peakstone Group

To help businesses, investors, and deal professionals better understand the evolving M&A market, Rob Connolly – a partner in and leader of LP’s Corporate Practice Group – shares a series of conversations with M&A experts. ...more

Mintz - Tax Viewpoints

F-Reorgs: How Buyers’ and Sellers’ Favorite ‘F Word’ Optimizes M&A and Private Equity Transactions Involving S Corporations

Mintz - Tax Viewpoints on

In M&A and private equity transactions, buyers and sellers are consistently looking for ways to maximize value, which requires a critical focus on structuring the transaction in a tax-efficient manner. This pursuit of tax...more

White & Case LLP

Return of the megadeal: Big business powers US M&A

White & Case LLP on

The string of megadeals announced in the first half of 2024 reflect a growing confidence among US dealmakers. But can the bull run be sustained? Megadeals were firmly on the agenda in H1 as more stable inflation and...more

Orrick, Herrington & Sutcliffe LLP

Earnout Payments in Life Sciences and HealthTech M&A: Seller Beware

Earnout provisions are common in life sciences and healthtech mergers and acquisitions, particularly when an acquired company may add significant value after closing. This can occur if the acquired business has a product in...more

Womble Bond Dickinson

Earnout Deals Surge in Uncertain Times – What M&A Professionals Need to Know About Earnouts

Womble Bond Dickinson on

The M&A market has witnessed a major increase in the use of earnout deal terms after 2021. The number of deals with earnout provisions jumped from around 20% in 2021 to 33% in 2023....more

DarrowEverett LLP

Closing with Confidence: Representations and Warranties Insurance in M&A

DarrowEverett LLP on

Representations and warranties insurance (RWI) has become an increasingly common feature in mergers and acquisitions (M&A) transactions, serving as a risk management tool for both buyers and sellers. RWI facilitates...more

White & Case LLP

Warranties and indemnities insurance take center stage in M&A transactions in Africa

White & Case LLP on

In most M&A transactions, after the parties have negotiated the basic commercial terms, they then negotiate the warranties and indemnities (W&I). Generally, buyers want the anticipated value of their purchase without any...more

DarrowEverett LLP

Survival Periods and Delaware’s Statute of Limitations in M&A

DarrowEverett LLP on

Delaware is well known as a favored jurisdiction for mergers and acquisition deals, and for good reason — the jurisdiction’s business-friendly legal environment offers numerous efficiencies and predictability. Attorneys and...more

Benesch

Earnout Held to Violate NY Fee Splitting Prohibition

Benesch on

A pivotal decision by a New York Appellate Division court holding that earnouts based on the future revenue of a dental practice violated the NY Fee Splitting Prohibition could substantially impact the structuring of health...more

Barnea Jaffa Lande & Co.

Conditional Payment (Earn-Out)

In merger and acquisition (M&A) transactions, the earn-out mechanism serves as a strategic tool for conditional payment based on the prospective performance of the acquired entity. This mechanism is particularly prevalent in...more

Husch Blackwell LLP

Healthcare Founders Face New Exit Considerations

Husch Blackwell LLP on

Exiting a business, whether you are a serial entrepreneur looking to move on to the next project or a healthcare provider like a physician or therapist who has nurtured your practice for decades, can be difficult. After all,...more

Tonkon Torp LLP

Earn-Outs: Bridging the Valuation Gap

Tonkon Torp LLP on

Do we value our possessions more just because we own them? Sometimes. Does this association of value apply to businesses? Almost always. The Cost of Risk- Buyers and sellers of a business often find themselves with a...more

Sheppard Mullin Richter & Hampton LLP

Delaware M&A Case Law Roundup

In the dynamic and ever-evolving landscape of mergers and acquisitions (“M&A”) and related corporate transactions, Delaware courts continue to play a pivotal role in shaping legal precedents and guiding corporate practices....more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Updates in Delaware Disclosure Law

The Delaware Supreme Court recently issued two opinions weighing in on the scope of disclosures involving board advisors in connection with M&A transactions that warrant close attention. In both rulings — each written en banc...more

Buckingham, Doolittle & Burroughs, LLC

AI and Tech in M&A: What to know about AI and tech advancements in M&A due diligence

Many law firms have changed their transaction management processes significantly with recent advancements in technology, especially the development of artificial intelligence. AI and technology innovations have aided deal...more

Vedder Price

Earnouts Back on the Rise in M&A Transactions: What Purchasers, Sellers and Lenders Need to Know

Vedder Price on

The pace of earnouts accelerates in M&A transactions whenever market conditions create a value gap between seller price expectations and buyer confidence levels. Earnouts are most common when the volume of merger and...more

Williams Mullen

[Webinar] M&A Series: Compensation Trends in M&A Transactions - May 9th, 11:00 am - 11:15 am EDT

Williams Mullen on

Please join Williams Mullen attorneys Nona Massengill and Allison Carlon as they discuss the latest trends in compensation trends in M&A transactions....more

Williams Mullen

[Webinar] M&A Series: The Latest Trends in Middle-Market M&A - April 16th, 11:00 am - 11:15 am EDT

Williams Mullen on

Please join Williams Mullen attorneys Jon Bliley and Rakesh Parikh as they discuss the latest trends in middle-market M&A, touching on several topics, including rep & warranty insurance and indemnification....more

Orrick, Herrington & Sutcliffe LLP

Tech Exit Series - The Tech Company Exit Process: Initial Considerations

Orrick's Tech Exit Series suggests top tips for tech companies looking towards an exit. Our market-leading London M&A and Private Equity team writes instalments in the series with contributions from specialists across our...more

A&O Shearman

Market Check: Lessons from The Activision-Microsoft Merger

A&O Shearman on

On February 29, 2024, the Delaware Court of Chancery issued an opinion on Sjunde AP-Fonden v. Activision Blizzard1 (“Opinion”) that called into question established market practices for mergers, including (i) the process for...more

K&L Gates LLP

Distressed M&A in 2024 – Time to Get Ready

K&L Gates LLP on

Commercial activity in 2023 was bruised by higher inflation, higher borrowing costs and renewed geopolitical instability, which resulted in waning levels of business and consumer confidence as the year drew to a close. But...more

White & Case LLP

Dealmakers prepare to face new uncertainties in 2024

White & Case LLP on

Global M&A activity continued to make slow progress in 2023, with stubbornly high interest rates and stringent financing conditions stifling market confidence. Nearly US$3.2 trillion of M&A deals were announced last year—a...more

Jenner & Block

Sellers Should Beware of Closing Conditions Requiring Representations and Warranties to be "Accurate in All Respects"

Jenner & Block on

In HControl Holdings v. Antin Infrastructure Partners, a Delaware court recently held that the buyer could terminate without closing its agreement to acquire a target company for $250 million. Due to a $215,000 ownership...more

Buckingham, Doolittle & Burroughs, LLC

Deal prep: Tips for selling a business in an evolving M&A environment

The U.S. is coming off of two years of historically low interest rates and a tremendous amount of liquidity, factors that created a very strong sellers’ market in 2021 and 2022.This year, while there is still a lot of dry...more

197 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide