Mergers and Acquisitions

Delaware Law Amendments Affect M&A

FTC Merger Challenge Denied

Explore the court’s ruling against the FTC merger challenge, which was based on the “failing firm” defense.

Delaware Ruling Marks Potential Shift in Approach to SPAC-Related Claims

Delaware Ruling Marks Potential Shift in Approach to SPAC-Related Claims

Read about a case that marks a potential shift in how Delaware courts approach SPAC-related claims and de-SPAC mergers involving Special Acquisition Companies.

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Rethinking Shareholders’ Agreements in M&A After Chordia v. Lee

Dealmakers should be cautious about how they negotiate shareholders’ agreements in M&A and conduct themselves under the agreements post-closing.

Nascent Competition Theory Is Deterring M&A

Nascent Competition Theory Is Deterring M&A

Under the Biden Administration, the Federal Trade Commission (FTC) and the Department Of Justice (DOJ) have aggressively expanded the concept […]

Integrate Tech Tools into Your M&A Deals to Boost Efficiency

Integrate Tech Tools into Your M&A Deals to Boost Efficiency

For every type of merger and/or acquisition (M&A), there are challenges. Integration strategy, transparency, compliance, intellectual property (IP), operations, and […]

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The Antitrust Revolution

I taught antitrust law as an Adjunct Professor at John Marshall Law School in Chicago for twelve years. Then I […]

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Defining Earnout Cases Under Delaware Law

Samantha Horn and Andrew S. Cunningham, in their article on the Stikeman Elliott website, suggest that an earnout can be […]

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Injunction Hearing Scheduled On Rithm Capital Acquisition of Sculptor

Reuters reports that a preliminary injunction hearing to block Rithm Capital’s $720 million bid for Sculptor Capital Management, a hedge […]

Exterro Buys Divebell to Bolster Data Discovery Capabilities in Legal Software

Exterro Buys Divebell to Bolster Data Discovery Capabilities in Legal Software

Legal software player Exterro has bought Divebell, a company known for its data discovery software solution of the same name, […]

Buyer's Remorse Claims Rise as Valuations Soften: Navigating Post-Closing Disagreements

Buyer’s Remorse Claims Rise as Valuations Soften: Navigating Post-Closing Disagreements

Strategic buyers are playing a more active role in M&A activity in 2023 compared to financial buyers. The market has […]

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