Monday 24 December 2012

Your Mergers & Acquisitions Updates

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Mergers & Acquisitions

 
Legal intelligence from leading lawyers and law firms
 
 
FTC and DOJ Explore Role of Patent Assertion Entities in the Patent Innovation Market
 
On December 10, 2012, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly presented the “Patent Assertion Entities (PAEs) Activities Workshop.” This publicly-held workshop signaled a recognition by the FTC and the DOJ that...
By: Farella Braun + Martel LLP
 
 
Potter Anderson Serves as Counsel to ICE in $8.2 Billion Agreement to Acquire the New York Stock Exchange
 
IntercontinentalExchange, Inc., an operator of global markets and clearing houses, and NYSE Euronext, a global equity, equity options and fixed income derivatives market operator, announced a definitive agreement for ICE to acquire NYSE Euronext in a...
By: Potter Anderson & Corroon LLP
 
 
[Video] Consultant: The Challenges of Canadian Law Firm Mergers
 
Dec. 21 (Bloomberg Law) -- A recent spate of cross-border mergers involving Canadian law firms present challenges for those involved, as well as opportunities, according to law firm consultant Jordan Furlong. With only about 10 Fortune 500 companies...
By: Bloomberg Law
 
 
Private Equity Newsletter - Fall/Winter 2012: Recent Developments in Acquisition Finance
 
Certain recent legal developments will likely impact acquisition finance. This article will survey some of the more notable ones. We discussed in the last newsletter the Eleventh Circuit Court of Appeals’ decision in In re Tousa, in which he court...
By: Dechert LLP
 
 
Intellectual Property Bulletin - Fall 2012
 
In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments - Quick Updates -...
By: Fenwick & West LLP
 
 
[Video] Weekly Brief: UBS Smacked in LIBORgate Settlement
 
Dec. 20 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. UBS announced a major settlement with US, UK and Swiss authorities for its role in rigging global interest rates. Also, Goldman Sachs and Rajat Gupta are...
By: Bloomberg Law
 
 
Unitranche in a Time Crunch
 
In a business climate where merger and acquisition activity has been uneven, and political and economic uncertainty continues to grip the United States and Europe, any additional deal certainty and cost efficiency can give private equity firms a...
By: McDermott Will & Emery
 
 
The CCO: Co-Equal to the General Counsel in the Eyes of the DOJ?
 
One of the items that the Department of Justice (DOJ) has increasingly focused on in its enforcement actions is the role of the Chief Compliance Officer (CCO) and whether this position has adequate staffing and resources to accomplish its mandated...
By: Thomas Fox
 
 
Winshall v. Viacom Int'l Inc., C.A. No. 6074-CS (Del. Ch. Dec. 12, 2012) (Strine, C.)
 
In this memorandum opinion, the Court of Chancery held that stockholders of an acquired video game developer were not required to indemnify the acquirer for losses it incurred defending claims based on intellectual property used in a video game that...
By: Potter Anderson & Corroon LLP
 
 
Highlights of the Government's New FCPA Resource Guide
 
The United States Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") recently released the long awaited joint guidance on the Foreign Corrupt Practices Act ("FCPA") in the form of a 130 page publication titled "A...
By: Akerman Senterfitt
 
 
Development and Opportunities in the Turkish Market - December 2012
 
The Turkish government’s agenda for development is one of the most ambitious in the world. Combined with investor friendly changes in the market, including a new investment incentive regime and new regulation enhancing transparency and certainty for...
By: White & Case LLP
 
 
[Video] Global Dealmaking in 2013: Why the Best Strategies will Dominate
 
James D. Rosener, Pepper Hamilton partner and chair of the firm's New York office and International Practice Group, presented at the opening roundtable of The Deal Economy 2013. When it comes to cross-border M&A, U.S. corporate dealmakers typically...
By: Pepper Hamilton LLP
 
 
Private Equity Newsletter - Fall/Winter 2012 Edition: Negotiating Private Equity and M&A Deals in the Middle East
 
After a number of ebullient years of activity until late 2007, the Middle Eastern private equity industry is facing new challenges as fund-raising is getting tougher and investors across the board have become more demanding. In addition to all the...
By: Dechert LLP
 
 
Race to the Bottom: Wal-Mart's FCPA Investigation and the Houston Astros
 
So who do you think had the better day – the Houston Astros Monday or Wal-Mart Tuesday? Yesterday, the Astros announced the signing of Carlos Pena to be their Designated Hitter (DH) for the 2013 season. Pena’s 2012 average – a whopping ‘buck ‘97’;...
By: Thomas Fox
 
 
Delaware Chancery Court Strengthens First-Filed Action Rule
 
The Delaware Court of Chancery recently stayed a Delaware action in favor of an earlier-filed Texas case because they dealt with substantially similar facts, even where the two lawsuits did not contain identical claims. The ruling emphasizes that...
By: Katten Muchin Rosenman LLP
 
 
€ 20M Euro fine for failing to notify JV shareholding change to EU merger authority
 
The General Court of the European Union (the "General Court") has upheld the substantial €20 million fine imposed by the European Commission (the "Commission") on Belgium's largest electricity supplier, Electrabel, for its failure to notify and...
By: Reed Smith
 
 
Facebook Fairness Hearing Back In The News
 
Last August, the Department of Corporations approved the acquisition of Instagram, Inc. by Facebook, Inc. following a fairness hearing. See DOC Calls It Fair. According to this Los Angeles Times story by Salvador Rodriguez, Facebook officially closed...
By: Allen Matkins Leck Gamble Mallory & Natsis
 
 
Banks Behaving Badly or Brother Can You Spare A Billion (or Two)?
 
Remember when a billion dollars was real money? Over the past couple of weeks there have been some mammoth fines paid by financial institutions for conduct, which would appear to fall under the category of “Banks Behaving Badly”. Last week HSBC...
By: Thomas Fox
 
 
Days of Future Passed: The Moody Blues and the End of Facilitation Payments?
 
This past weekend I caught the Moody Blues’ tour celebrating the 45th anniversary of their seminal classic album, “Days of Future Passed”. This was the second album released by the band and while I had always thought of it as the first rock concept...
By: Thomas Fox
 
 
 
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