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Lowenstein Sandler LLP

What the New HSR Filing Requirements Mean for Your Future Reportable Deals

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On October 10, 2024, the Federal Trade Commission (FTC) released the final revised rules governing premerger notification filings under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act. The new HSR filing requirements...more

Vinson & Elkins LLP

FTC Finalizes Major Overhaul and Expansion of HSR Act Reporting Requirements

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On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing long-anticipated revisions to the Hart-Scott-Rodino Act...more

Dunlap Bennett & Ludwig PLLC

Managing Reputational Risk In Corporate Transactions

For an organization to succeed in the market, it must have a solid reputation; negative public perception resulting from unethical conduct, adverse legal and regulatory actions, and harmful business practices can result in...more

Husch Blackwell LLP

Healthcare Founders Face New Exit Considerations

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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

Davies Ward Phillips & Vineberg LLP

“Con Ed” Damages in Canadian Public M&A: Revisiting Cineplex v Cineworld in Light of Recent Delaware Case Law

What is a spurned seller’s recourse when a buyer walks away from a deal in breach of the purchase agreement? In private M&A, the answer is reasonably straightforward: sue the buyer to close the deal or to recover damages. In...more

Stevens & Lee

Evading Transaction Roadblocks: Strategies for Common Late-Stage Dealbreakers

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After completing the arduous task of preparing to sell a business and agreeing to the terms in principle for a transaction in which a business owner will sell his or her “life’s work,” selling business owners (“Seller” or...more

CDF Labor Law LLP

Ensuring Employee Handbook Compliance During a Business Transaction or Restructuring

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As the economy changes, corporate restructures, mergers and acquisitions are on the rise. There is a plethora of employment-related issues that should be heavily vetted in advance of a corporate transaction as the target...more

Goodwin

Use of EBITDA in Earnouts Increased 22% in Two Years

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From 2020 to 2022, EBITDA became almost as prevalent as revenue metrics for determining earnout payments, according to analysis of the Goodwin Private Equity Deals Database. In 2022, EBITDA was used in 40% of earnouts, up 22%...more

Rivkin Radler LLP

Letters of Intent – Negotiating the Framework of Your Transaction

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In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways...more

Davies Ward Phillips & Vineberg LLP

Ownership of Privileged Communications in M&A Transactions: Practical Takeaways and Recent Case Law

Traduction en cours. Can the buyer in a M&A transaction who takes possession of the seller’s or target company’s privileged communications on closing use those communications in a post-closing dispute against the seller?...more

Balch & Bingham LLP

Private Company M&A Trends For 2023

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As interest rates increased in the second half of 2022 to levels not seen in over a decade, certain trends in deal-making began to appear. With continued uncertainty over higher interest rates and fear of economic downturn,...more

PilieroMazza PLLC

FCA Implications for M&A Transactions

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In mergers and acquisitions, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA investigation. It’s also important for...more

PilieroMazza PLLC

[Webinar] FCA Implications for M&A Transactions - July 26th, 2:00 pm - 3:00 pm EDT

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In mergers and acquisitions, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA investigation. It’s also important for...more

PilieroMazza PLLC

[Webinar] FCA Implications for M&A Transactions - June 29th, 2:00 pm - 3:00 pm ET

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In mergers and acquisitions, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA investigation. It’s also important for...more

Rivkin Radler LLP

The Earnout: Contingent Purchase Price or Compensation?

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A More Cautious Approach- Compared to the torrid pace of M&A transactions last year, the current year seems rather pedestrian. That is not to say businesses are not being sold; they are....more

Goodwin

Distress in the Hotel Sector

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The pandemic has brought much uncertainty to the hotel sector — Intermittent national and regional lockdowns, work from home mandates and restrictions around domestic and international travel have left hoteliers in the...more

Opportune LLP

Quality Of Earnings: Making The Most Of M&A Transactions

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Gregg Laswell, Managing Director in Opportune LLP’s Complex Financial Reporting and Restructuring practices, and Allison Firestone, Director in Opportune LLP’s Restructuring practice, discuss why quality of earnings reports...more

Goodwin

Acquirer Beware: “Material Adverse Effects” in Merger Contracts and How Shifting Reimbursement Rates Impact the Healthcare Sector

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On July 9, 2021, the Delaware Court of Chancery (Slights, V.C.) issued an opinion in Bardy Diagnostics, Inc. v. Hill-Rom, Inc., No. 2021-0175-JRS, concluding that the requirements of a “material adverse effect” (“MAE”) clause...more

Mintz Edge

Managing Multiple Bidders in the Sale of a Company

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When selling a company through a competitive auction process, a seller may have multiple bidders seeking to purchase the target company. Having multiple bidders compete to purchase the target company can be advantageous to...more

PilieroMazza PLLC

Strategic Growth Paths of Top Small Business Government Contractors

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Government contractors face so many day-to-day challenges that they rarely have time to think about big strategic goals and how to get there. For any owner thinking about selling in the next five years and any owner who would...more

PilieroMazza PLLC

[Webinar] Strategic Growth Paths of Top Small Business Government Contractors - June 24th, 10:00 am - 11:00 am ET

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Government contractors face so many day-to-day challenges that they rarely have time to think about big strategic goals and how to get there. For any owner thinking about selling in the next five years and any owner who would...more

PilieroMazza PLLC

[Webinar] Government Contractors: Keys to Making Your Company an Attractive Acquisition Target - June 16th, 12:00 pm - 1:00 pm ET

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You are invited to an exclusive virtual roundtable discussion covering the keys to making your company an attractive target for acquisition. This is a must-attend event for growing government contractors seeking to maximize...more

Vinson & Elkins LLP

[Webinar] Navigating Post-Covid Diligence Issues in M&A Transactions - September 24th, 10:00 am - 11:00 am CT

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The COVID-19 pandemic and the accompanying market downturn have resulted in widespread uncertainty felt on a global scale – including in the M&A space. This webinar will explore ways M&A transactions – particularly due...more

King & Spalding

M&A Purchase Price Considerations in the Context of COVID-19

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Much like everything else in the world, M&A transactions must adjust in order to account for the impact of COVID-19. Arguably the most important feature in any M&A transaction is the purchase price. Set forth below are...more

Blake, Cassels & Graydon LLP

Top 10 Issues for Employers, Issue #8: Employment Considerations in Business Transactions

This is the eighth instalment in our Top 10 Issues for Employers series, focusing on employment considerations in business transactions. Specifically, this instalment discusses key employment and labour issues that a...more

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