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Mergers Confidentiality Agreements

Winstead PC

Key Considerations in Review of NDAs as a Buyer

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When a company is in the process of pursuing a transaction involving the acquisition or merger of another company, one of the first negotiable documents encountered will likely be a non-disclosure or confidentiality agreement...more

Proskauer - Corporate Defense and Disputes

SEC Wins Insider-Trading Suit Alleging “Shadow Trading”

A federal jury in California agreed with the SEC that a corporate official engaged in insider trading when he purchased securities of a company based on material nonpublic information (“MNPI”) about a different company. The...more

Stark & Stark

[Event] RIA Compliance and Legal Strategies Conference - June 1st, Wayne, PA

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The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE...more

Willcox & Savage

Wait, Why Am I Signing this NDA Again? The Basics of Confidentiality Agreements

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NDAs are everywhere in M&A and other commercial transactions, but disclosing parties occasionally forget the original reasons for signing an NDA and, as a result, key clauses may be dropped. An occasional refresher on NDA...more

Blank Rome LLP

[Ongoing Program] Recent Developments in Corporate M&A and Commercial Restrictive Covenants - February 8th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Wilson Sonsini Goodrich & Rosati

Risk Allocation in Merger Agreements in an Era of Increased Enforcement

Our antitrust practice is pleased to present a new report addressing the prevalence of risk-shifting provisions in merger agreements. As antitrust agencies continue to galvanize enforcement efforts, such provisions have...more

Fenwick & West LLP

Akorn v. Fresenius: Important Practical Lessons from First-Ever Material Adverse Effect

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On October 1, in Akorn v. Fresenius Kabi, the Delaware Court of Chancery for the first time found that a material adverse effect — or MAE — had occurred in a merger transaction, which, combined with other breaches of the...more

White and Williams LLP

FTC Issues Updated Guidance for Avoiding Antitrust Liability for “Gun Jumping” During M&A Negotiation and Due Diligence

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On March 20, 2018, the U.S. Federal Trade Commission (FTC) issued updated guidance regarding compliance with antitrust laws for companies considering acquisitions, mergers, or joint ventures. While the FTC recognizes that...more

Faegre Drinker Biddle & Reath LLP

M&A 101: Key Concepts in Non-Disclosure Agreements

Contemplating an M&A transaction? Negotiating a confidentiality agreement, often referred to as a non-disclosure agreement or “NDA,” is one of the first steps in the M&A process. Although NDA negotiations may seem like a...more

Jackson Walker

Confidentiality Agreements and Letters of Intent – October 2017

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I. CONFIDENTIALITY AGREEMENT - A confidentiality agreement (“Confidentiality Agreement”), also sometimes called a nondisclosure agreement (“NDA”), is typically the first stage for the due diligence process as parties...more

Cooley LLP

Blog: Treatment of M&A Non-solicits and Employee Comp Diligence Under New Antitrust Guidelines

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Last month, the FTC and DOJ issued a set of antitrust guidelines addressing certain employment and compensation practices that are most likely to occur in the high-tech and healthcare industries where highly-skilled employees...more

Stinson LLP

Emerging Trends Newsletter - Q3

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We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

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