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Acquisitions Risk Assessment

Society of Corporate Compliance and Ethics...

All together now: Post-acquisition compliance program integration

The due diligence process is a critical element in a merger and acquisition transaction. Most companies clearly define the steps and rarely skip them. However, the participants in the process vary widely, and ethics and...more

Barnea Jaffa Lande & Co.

Increasing the odds of winning in an insolvent Corporation auction

Acquiring an insolvent corporation’s operations during a legal proceeding (rehabilitation, recovery, or debt settlement) presents numerous business opportunities. However, the holding of an insolvency auction, an integral...more

Akin Gump Strauss Hauer & Feld LLP

Updates to the UK National Security and Investment Act

Key Points - Following our Alert last month addressing the United Kingdom Government’s intentions to improve the workings of the National Security and Investment Act 2021 (NSIA), the U.K. Government has now published two new...more

Womble Bond Dickinson

Reducing Litigation Risk in M&A Transactions and Regulatory Compliance

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Litigation rarely occurs in a vacuum. While no one has a crystal ball, and no in-house counsel can correctly predict every future dispute, examining litigation trends and data can help companies and their legal departments...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

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Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Winter 2024

The oversight obligations of boards continue to expand. Recent enforcement actions and new laws in areas such as cybersecurity, artificial intelligence and supply chains create new challenges for boards, as we explain in this...more

American Conference Institute (ACI)

Practical Implications of the Department of Justice’s M&A Safe Harbor Policy

In early October 2023, Deputy Attorney General (DAG) Lisa Monaco announced a “new” (but not new) Department of Justice (DoJ) policy intended to incentivize acquiring companies to voluntarily self-disclose criminal misconduct...more

Holland & Knight LLP

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

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After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more

Foley & Lardner LLP

The Importance of Due Diligence in M&A Transactions

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In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more

BCLP

RWI Market Turning to Unlikely Industries for New Deals: Health Care RWI Terms & Conditions Improving

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Representations and Warranties Insurance (RWI) has increasingly become a tool employed by both Buyers and Sellers to shift away from the traditional indemnification model of escrows or other mechanisms that could tie up...more

BakerHostetler

Implications of Supreme Court's Affirmative Action Decision for M&A Execution

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The U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) has opened the door to future legal challenges against DE&I...more

Latham & Watkins LLP

Avoiding Buyer’s Remorse in M&A Deals

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Changing market dynamics have led buyers to assess available options to address post-closing target company issues. Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

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CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 2, February 2023

Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases - “The case involves Ohio-based fast-food company White Castle.” Why this is important: Illinois has the strictest biometric privacy law in the...more

White & Case LLP

Hitting the brakes: European leveraged finance battens down the hatches

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European leveraged finance markets saw significant inertia through the course of 2022 as high inflation, rising interest rates and cooling M&A activity put the brakes on leveraged loan and high yield bond issuance. How will...more

Guidepost Solutions LLC

Mergers + Acquisitions: 5 Tips For Navigating FCPA Risks

Among the risks inherent in a merger or an acquisition, few bring the financial and reputational consequences of the U.S. Foreign Corrupt Practices Act (“FCPA”). Background - The FCPA prohibits the offer, promise,...more

Guidepost Solutions LLC

Bank Merger Compliance Risks: Are You Prepared?

Bank mergers and acquisitions are becoming a regular part of life in the banking industry, especially for smaller and medium-sized organizations. They provide significant opportunities for institutions to expand their...more

Proskauer Rose LLP

Question of the Week: With health care consolidation on the rise, what are some key considerations for buyers?

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“We continue to see interest across the health care M&A vertical and buyers need to be ready to move quickly when attractive assets come on the market. The current environment rewards potential acquirers who are willing to...more

Latham & Watkins LLP

Navigating Sanctions in M&A: Seven Questions for Deal Teams to Consider

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M&A deal teams face complicated legal issues amidst rapidly changing global sanctions and guidance. Russia’s invasion of Ukraine has created new headwinds for M&A dealmakers, as a complicated matrix of sanctions and...more

Epiq

Elevating Cyber Risk Analysis During M&A Due Diligence

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Before a deal closes on a merger or acquisition, due diligence investigation will ensue to confirm goal alignment and identify any obstacles present. There are several integral components of this process such as identifying...more

WilmerHale

PCAOB Releases New Audit Committee Resource

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The PCAOB recently released a new Audit Committee Resource, which sets forth questions that audit committee members may want to consider incorporating into their ongoing engagement with auditors. The categories of questions...more

Holland & Knight LLP

Technology Due Diligence for M&A Transactions: A Primer

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In most merger and acquisition (M&A) transactions, the pace of the transaction, focus on the operational and financial performance of the target, and the competition created by multiple potential buyers make it a challenge to...more

Morrison & Foerster LLP

Several UK Government National Security Interventions Confirm Heightened Deal Risk for UK Investments

Last week saw the first publicly disclosed uses by the UK Government of its new and expansive powers to investigate deals on national security grounds under the National Security and Investment Act (“NSIA”), which came into...more

Holland & Knight LLP

FTC Focuses on M&A in the Agricultural and Food Industry

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Federal antitrust enforcement in the agricultural industry had been little more than a whisper for decades. The Obama Administration announced it was making agricultural antitrust enforcement a priority and then held...more

Latham & Watkins LLP

IFLR M&A Report - 2022

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The recovery of the M&A market since the early days of the pandemic has been impressive. Even allowing for varying treatment of Covid-19 winners and losers, deal processes for resilient assets (and even for less obviously...more

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