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Mergers & Acquisitions Tax

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

Final FTC Pre-Merger Notification Rule: How an ALSP Can Provide Critical Support

Epiq on

On October 10, 2024, the United States Federal Trade Commission (FTC) issued its Final Rule governing pre-merger notification protocols under the Hart-Scott-Rodino Act (HSR). The Antitrust Division of the US Department of...more

EDRM - Electronic Discovery Reference Model

Analyzing Second Requests: Trends in Premerger Antitrust Review and Political Influence

ComplexDiscovery’s Editor’s Note: This concise analysis delves into the historical trends of Second Requests in U.S. antitrust review, spanning from 2000 to 2023. It explores how these trends correlate with presidential...more

Carey Olsen

Insurance M&A: Bermuda’s change of control requirements

Carey Olsen on

This article, the first in a multi-part series on M&A in insurance, considers the change of control regime under the Bermuda Insurance Act 1978 (the “Insurance Act”) as it applies to shareholder controllers of Bermuda...more

Hogan Lovells

Delaware Court of Chancery dismisses “De-SPAC” merger claims at motion to dismiss stage

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In In re Hennessy Capital Acquisition Corp. IV Stockholder Litigation, the Delaware Court of Chancery for the first time dismissed breach of fiduciary duty claims against directors involved in a merger with a special purpose...more

Cooley LLP

Securities Litigation + Enforcement Highlights From Q2 + Q3 2024

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Cooley’s securities litigation + enforcement group continued to share key insights on key cases and developments in securities litigation throughout the spring and summer. They highlighted important decisions in Delaware...more

Woodruff Sawyer

The Auditors’ View of the Current SPAC Market

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The SPAC market is chugging along with several IPOs and multiple deals being announced and closed. Although it's great to see this kind of activity again, the SPAC market is never without its challenges....more

Cooley LLP

New HSR Premerger Notification Requirements: Implications for Private Equity Clients

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The Federal Trade Commission (FTC) and the Department of Justice (DOJ) recently announced significant changes to the Hart-Scott-Rodino (HSR) premerger notification rules – including changes to the HSR form and associated...more

Hogan Lovells

Is antitrust back in fashion? Implications of the FTC‘s win in the Tapestry/Capri merger

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On October 24, 2024, the District Court for the Southern District of New York granted the Federal Trade Commission (“FTC”)’s request for a preliminary injunction to halt the merger between Tapestry, Inc. (“Tapestry”) and...more

Orrick, Herrington & Sutcliffe LLP

A Conversation with Evercore on the Market Outlook

01 A conversation with Evercore on the market outlook 02 Will there be an alternative path to public? 03 What’s ahead for tech and life sciences IPOs? 04 The Download Quiz: Venture Capital Trends / 01A CONVERSATION WITH...more

Troutman Pepper

Chancery Addresses "Commercially Reasonable Efforts" Clauses in the Context of an Earnout Dispute

Troutman Pepper on

In Shareholder Representative Services LLC v. Alexion Pharmaceuticals, Inc., the Delaware Court of Chancery addressed an earnout dispute, holding that a buyer violated its contract with the seller by failing to use...more

White & Case LLP

Japan 2024 Proxy Season

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Summary of June 2024 Annual General Shareholder Meeting Season Shareholder Proposals - - While the total number of shareholder proposals is comparable to the June 2023 general meeting season, the number of companies...more

Levenfeld Pearlstein, LLC

Practical 1031: What is an Internal Revenue Code Section 1031 Like-Kind Exchange?

Question: What is an Internal Revenue Code Section 1031 Like-Kind Exchange? Answer: Section 1031 of the Internal Revenue Code allows a taxpayer who owns business or investment real estate to “exchange” the real estate the...more

Mitratech Holdings, Inc

[Webinar] How Innovative Firms Are Using AI to Improve Your Legal Work | Session #2 Litigation - November 19th, 12:00 pm ET

This is a second part of the AdvanceLaw Innovative Law Firm Webinar Series welcoming back our expert partners for an insightful discussion on AI in Litigation....more

King & Spalding

Texas Bankruptcy Court Significantly Reduces Damages Claims In Connection With Uptier Transaction

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On August 21, 2024, the U.S. Bankruptcy Court for the Southern District of Texas held that, while the debtor breached an agreement arising from an uptier transaction, the creditor was limited to a breach of contract claim and...more

Cohen & Gresser LLP

Antitrust Without Effect: Some Recent Case Studies

Cohen & Gresser LLP on

The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework...more

Bradley Arant Boult Cummings LLP

With Friends Like These…Exercise Caution When Adding New Business Partners

Money talks when the majority owners of private companies add new business partners who contribute additional capital. When these investors are high-powered PE firms or high-profile companies, with large balance sheets and...more

Axinn, Veltrop & Harkrider LLP

Takeaways from the FTC’s Victory in the Tapestry/Capri “Accessible Luxury Handbags” Merger Challenge

Many observers viewed the FTC’s case challenging the Tapestry/Capri merger based on a relevant product market of “accessible luxury handbags” with skepticism. The market definition seemed (and still seems) gerrymandered to...more

Paul Hastings LLP

The FSR Frontier: Foreign Subsidy Scrutiny on Both Sides of the Atlantic

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Regulators around the world are concerned with foreign subsidies. In the United States, on 10 October 2024, the Federal Trade Commission voted 5–0 to adopt new rules under the Hart-Scott-Rodino (“HSR”) Antitrust Improvements...more

Robinson+Cole Manufacturing Law Blog

Multiples, Multiples, Multiples! Why Manufacturing Companies Should Look Beyond EBIDTA Multiples

What are you hearing? What do the “multiples” look like in my [insert sub-industry] in manufacturing?...more

Allen Matkins

What About Acts By Members That Are Not Apparently For Carrying On In The Ordinary Course Of An LLC's Business?

Allen Matkins on

California's version of the Revised Uniform Limited Liability Company Act provides that in the case of a member managed limited liability company provides...more

Wilson Sonsini Goodrich & Rosati

ISS Peer Group Submission Window Opens November 11

On November 4, 2024, ISS Governance (ISS) announced the scheduled November 11, 2024, opening of its peer group submission window for U.S. and Canadian corporations with annual meetings slated to be held between February 1,...more

McGuireWoods LLP

European Competition Law Newsletter – November 2024

McGuireWoods LLP on

European Commission Imposes Fine for Collusion to Prevent Competing Entry - On 23 October 2024, the European Commission (EC) announced a fine totaling €48.7 million on České dráhy (ČD) and Österreichische Bundesbahnen...more

Mayer Brown

MAC/MAE clauses: English Commercial Court delivers guidance in the context of $1.2 billion mining dispute

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The English High Court has held that a geotechnical event ("GE") at a mine in Brazil did not engage the material adverse effect ("MAE") clause in an SPA, pursuant to which two mines in Brazil were being sold for $1.2...more

Morgan Lewis

FTC Issues Notice of Its Withdrawal from Cross-Agency Merger Review Agreement

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The Federal Trade Commission (FTC) on September 27, 2024 unexpectedly withdrew from a recently established Memorandum of Understanding (MOU) with the US Department of Justice Antitrust Division (DOJ), US Department of Labor...more

Foley & Lardner LLP

Why Korea Is Gaining Prominence for M&A Activity

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Korea, known for its rich culinary heritage, fascinating history, and renowned hospitality, has long rendered Seoul a favored travel destination. Today, it stands not only as a cultural and historical beacon but also as a...more

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