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Mergers & Acquisitions Business Organization

Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:
DLA Piper

California Governor Vetoes Further Legislative Efforts to Restrict Healthcare Investments and Management Relationships

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On September 28, 2024, California Governor Gavin Newsom vetoed AB 3129, which would have required qualifying private equity groups, hedge funds, and any associated portfolio companies to notify and obtain written consent from...more

Woodruff Sawyer

Financial Accounting and Reporting for SPACs: Expert Tip

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We’ll focus on some things SPAC issuers and deal teams are doing differently for this SPAC 4.0 phase, especially in the area of financial statement readiness and accounting. Here are highlights from my conversation with Jenn...more

Lathrop GPM

Delaware Case Examines Amendment-by-Merger Provision of LLC Act

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On  August 30, 2024, the Delaware Court of Chancery issued an opinion in Campus Eye Management Holdings, LLC v. DiDonato, dismissing a challenge to a merger effecting an amendment to the limited liability company agreement of...more

The Volkov Law Group

DOJ Updates Evaluation of Corporate Compliance Programs

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The Justice Department announced yet another version of its Evaluation of Corporate Compliance Programs.  As everyone knows, the Justice Department’s guidance carries talismanic significance — it is an important document that...more

White & Case LLP

Sector trends - September 2024: Asset/Wealth Management

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UK & European Financial Services M&A: Sector Trends H2 2023 | H1 2024 — Asset/Wealth Management - Current market: Consistently high M&A activity levels - We are seeing: Europe's barbell becomes more pronounced—larger...more

Walkers

Striking off and Winding Up Guernsey Companies: What are the requirements?

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Two of the most common ways to dissolve a Guernsey company are the voluntary striking-off procedure, and the voluntary winding-up procedure. Each has different requirements, and are only available in certain...more

White & Case LLP

Europe’s banks restructure, consolidate and partner their way into the digital future

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UK & European Financial Services M&A: Sector Trends H2 2023 | H1 2024 - 3 key drivers of bank M&A: - Arrival of long-awaited mammoth consolidation deals: Italy’s UniCredit and Spain’s BBVA sound the charge. -...more

Morrison & Foerster LLP

Illumina Grail: European Court Limits Commission Jurisdictional Reach in Merger Cases

The European Court of Justice (the ECJ), the EU’s highest court, has fully rejected the European Commission’s (the Commission) policy of interpreting Article 22 of the EU Merger Regulation (EUMR)[1] in a way that would allow...more

Paul Hastings LLP

Ch…Ch…Ch…Changes for Reviewing Bank Mergers Adopted

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On September 17, 2024, the Federal Deposit Insurance Corporation (“FDIC”) and the Office of the Comptroller of the Currency (“OCC”) issued final “statements of policy” for transactions subject to the Bank Merger Act (“BMA”)....more

Walkers

Restoring a struck off Guernsey Company to the Register of Companies

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Guernsey companies that have been struck off can often be restored to the Register. A Court application is required in almost all cases. This guide sets out the procedure, limitations, costs and effect of a...more

White & Case LLP

Tepid UK & European private capital markets spur unicorns into inorganic opportunities

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3 reasons for continuously high fintech M&A activity levels: Banks target indirect digital access: Through credit lines, investments in venture capital funds, collaborations with innovators and establishment of next...more

Walkers

The Benefits of Using Guernsey Companies

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Guernsey companies are extremely popular, and are used for a wide variety of purposes. Guernsey companies can be incorporated quickly and a large number of corporate services providers offer day-to-day administration...more

Walkers

Jersey Company Law Series: Mergers - which entities, the process and the effect

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The Companies (Jersey) Law 1991, as amended, (the "Law") provides a modern, simple and flexible merger regime for relevant companies and other entities, whilst also protecting shareholder and creditor interests....more

Troutman Pepper

Taking Stock of Liens While There Is Still Time – Do You Really Have the Collateral? - Creditor’s Rights Toolkit

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Trade creditors are usually grouped with “general unsecured creditors” in bankruptcy, but some have liens that can elevate their claim priority. To achieve this, the lien must be properly granted and perfected under...more

DLA Piper

Second Circuit Rules Bankruptcy Code’s “Safe Harbor” Provision Preempts State Law Fraudulent Transfer Claims

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On September 19, 2024, the US Court of Appeals for the Second Circuit issued a summary order in which it held that the “safe harbor” provision of Section 546(e) of the Bankruptcy Code preempted a bankruptcy trustee’s state...more

Manatt, Phelps & Phillips, LLP

DOJ Repeals 1995 Bank Merger Guidelines and Now Will Apply Its 2023 Merger Guidelines to Bank M&A

On September 17, 2024, the Antitrust Division of the United States Department of Justice (the “DOJ”) announced that it withdrew its 1995 Bank Merger Guidelines and instead, for purposes of evaluating the competitive impact of...more

Womble Bond Dickinson

Preparing For the Return of Dealer Distress

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Over the last five years, auto and equipment dealers experienced a period of low inventory levels with high margins on the limited inventory they had for sale and lease. Used automotive and equipment wholesale and retail...more

McGuireWoods Consulting

California Governor Vetoes Legislation Involving Healthcare Investments

On Sept. 28, 2024, Gov. Gavin Newsom vetoed California Assembly Bill 3129 (A.B. 3129), which would have required private equity funds and hedge funds to obtain consent before entering into certain healthcare transactions. The...more

Alston & Bird

One Step Back and One Step Forward for Health Care Deals in California

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Private equity groups looking to invest in California’s health care industry breathed a sigh of relief when the governor vetoed California’s AB 3129. Our Health Care Group explains why health care transactions in the state...more

Vedder Price

FTC Bars Board Seat as Sole Condition of Merger Approval

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The Federal Trade Commission (“FTC”) has filed a Complaint and a proposed Consent Order that would bar the CEO of oil company Hess from sitting on the Board of Chevron after the merger of the two companies. According to the...more

McGuireWoods LLP

Healthcare & Life Sciences Private Equity Deal Tracker: Accel-KKR Acquires VisiQuate

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Accel-KKR has acquired VisiQuate, according to a news release. VisiQuate, founded in 2009 and based in Santa Rosa, California, is a provider of revenue cycle management and analytics solutions for health systems....more

Woodruff Sawyer

Large Derivative Suit Settlements and Your Side A D&O Insurance

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Traditionally, this has been the main type of derivative suit that has resulted in large settlements. Merger and acquisition cases are common here. Examples of these types of suits include Paramount Global (CBS-Viacom merger)...more

Levenfeld Pearlstein, LLC

The “Business Succession” Decision: Is an ESOP A Viable Option?

When business owners consider their business succession options, they often determine their objectives, analyze company resources and capabilities, and review strategic alternatives. Among these strategic alternatives are...more

Carey Olsen

Cayman Islands investment funds

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Over the past 25 years, the Cayman Islands has become a pre-eminent jurisdiction for the formation of alternative investment funds, with around 13,000 regulated open-ended funds and 16,000 regulated closed-ended funds. The...more

PilieroMazza PLLC

[Webinar] Navigating M&A in the Manufacturing Industry: Strategies for Success - October 17th, 2:00 pm - 3:00 pm ET

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If you’re a government contractor in the manufacturing industry looking to buy or sell your business, there are specific concerns you should be aware of to protect your interests. This webinar will guide you through legal and...more

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