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Mergers & Acquisitions
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February 05, 2025
Cleveland-Cliffs Wants 'Un-American' US Steel Suit Tossed
Cleveland-Cliffs and its CEO have asked a Pennsylvania judge to toss a lawsuit filed against them by Nippon Steel and U.S. Steel, calling the suit "un-American" while claiming that the plaintiffs' "sputtering disapproval" of the defendants' statements doesn't hold up in court.
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February 05, 2025
Simmons & Simmons Helps BT Offload Irish Biz For €22M
BT Group PLC said Wednesday that it will sell its Irish wholesale and enterprise subsidiary to Ireland's Speed Fibre Group for €22 million ($23 million) to help the U.K. telecommunications company to streamline its global business.
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February 04, 2025
Fortis Says $440M 3D Printing Fraud Suit Can Proceed
Fortis Advisors LLC is urging a California federal court not to pause its $440 million fraud suit against Israeli-American 3D printer manufacturer Stratasys Ltd. as the two arbitrate related claims over allegedly miscalculated earn-out payments, saying the litigation must proceed now.
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February 04, 2025
Del. Justices Nix Fairness Ruling In TripAdvisor Nevada Move
Citing in part aversion to "speculative litigation," Delaware's Supreme Court on Tuesday reversed a ruling that kept in play potential stockholder damage claims in connection with the proposed reincorporation in Nevada of TripAdvisor and its parent, finding that business judgment deference should govern the court challenge.
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February 04, 2025
Liberated Brands Gets OK To Tap $25M In Ch. 11 Financing
A Delaware bankruptcy judge on Tuesday agreed to give interim approval for outdoors and athletic clothing retailer Liberated Brands LLC to access $25 million of its $35 million debtor-in-possession financing.
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February 04, 2025
Sen. Mike Lee To Head Antitrust Subcommittee
Sen. Mike Lee, R-Utah, a frequent critic of the Federal Trade Commission, will serve as chairman of the Senate subcommittee on antitrust and consumer protection issues, with Sen. Corey Booker, D-N.J., taking over the ranking member role.
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February 04, 2025
Axon Gets Cities' Antitrust Case Largely Tossed
A New Jersey federal judge dismissed the bulk of a class action brought by local governments accusing Axon of monopolizing the Taser and body camera markets, ending claims related to the Taser market but allowing claims that Axon has maintained a monopoly in the body-worn camera market to continue on.
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February 04, 2025
McKesson Paying $850M For Top Stake In Eye Health Co.
Irving, Texas, healthcare services company McKesson Corp. said Tuesday it had agreed to buy a controlling interest in PRISM Vision, an ophthalmology services provider, from private equity firm Quad-C for $850 million.
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February 04, 2025
PE-Backed Identity Software Firm SailPoint Primes $1B IPO
Cybersecurity firm SailPoint on Tuesday unveiled plans for an estimated $1 billion initial public offering that would mark its return to public markets three years after a private-equity buyout, represented by Kirkland & Ellis LLP and the underwriters' counsel, Davis Polk & Wardwell LLP.
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February 04, 2025
'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons
A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."
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February 04, 2025
3rd Circ. Urged To Nix Tax On $191M In Family Pharma Feud
A pharmaceutical company's $191 million payment settling a family feud over shares of the business did not include imputed interest triggering higher taxes as the U.S. government claims, a trust for family members who received the money told the Third Circuit.
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February 04, 2025
KKR Raises Fuji Soft Offer In Blazing Battle With Bain
A contentious bidding battle between KKR and Bain Capital intensified Tuesday as the buyout firms continued their fight to take control of Japan's Fuji Soft, with KKR disclosing it has once again raised its tender offer price.
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February 04, 2025
Judge Rejects Blink Fitness Ch. 11 Plan Exculpations
A Delaware bankruptcy judge Tuesday rejected Blink Fitness' request to shield the administrator of its Chapter 11 wind-down plan from legal liability, saying she can't release claims for future acts.
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February 04, 2025
Mintz Adds Dentons West Coast Corporate Head In San Diego
Mintz Levin Cohn Ferris Glovsky and Popeo PC continues growing its corporate team, announcing Monday it is bringing in a Dentons emerging companies and venture capital specialist as a member of its San Diego office.
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February 04, 2025
Javice's Texts About Elizabeth Holmes Not Fair Game For Trial
Frank founder Charlie Javice's sympathetic texts about healthcare-sector fraudster Elizabeth Holmes won't be seen by the jury hearing charges that the education startup executive faked data to dupe JPMorgan into a $175 million acquisition, a Manhattan federal judge said Tuesday.
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February 04, 2025
Verdane Gets Extension To Firm Up £315M Team Internet Offer
The U.K. mergers and acquisitions watchdog has given Swedish investment manager Verdane more time to make a firm £315 million ($391 million) offer for Team Internet Group PLC, the British software company said on Tuesday.
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February 03, 2025
Del. Justices Uphold $10.4B Anaplan Inc.'s Thoma Bravo Sale
Agreeing that a fully informed "Corwin cleansing" vote washed away stockholder objections to a post-signing $400 million trimming of a $10.7 billion deal, Delaware's Supreme Court on Monday dismissed a challenge to Thoma Bravo's acquisition of software-as-a-service company Anaplan Inc. in June 2022.
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February 03, 2025
CFIUS Head Under Biden To Join Latham
The former head of the Committee on Foreign Investment in the United States under former President Joe Biden will join Latham & Watkins LLP next month, the firm said in an announcement on Monday.
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February 03, 2025
US Steel, Nippon Say Election Politics Blocked $14.9B Deal
Japan's Nippon Steel Corp. and U.S. Steel Corp. on Monday filed their opening brief in a suit against former President Joe Biden and the Committee on Foreign Investment in the United States over a blocked $14.9 billion mega-merger, alleging the deal was blocked purely due to election-year politics and not national security as claimed.
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February 03, 2025
PetroQuest Gets OK For $20.6M Texas Oilfield Sale
A Delaware bankruptcy judge on Monday approved the $20.6 million sale of PetroQuest Energy's East Texas oilfields, more than two years after a failed attempt to sell those fields sparked a lawsuit that helped land the company in Chapter 11.
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February 03, 2025
ADNOC, OMV Merger Talks Move Ahead In 'Positive Manner'
The Abu Dhabi National Oil Co. says talks with Austria's OMV to create a new global polyolefins group, potentially valued around $30 billion, are proceeding "in a constructive and positive manner."
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February 03, 2025
Hyatt Extends Talks About Possible Playa Hotels Buy
Playa Hotels & Resorts NV and Hyatt Hotels Corp. announced Monday that the two companies are still in talks about a potential acquisition, noting that the duo have extended an exclusivity agreement to Feb. 10.
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February 03, 2025
Liberated Brands Files Ch. 11 After Losing Clothing Licenses
Liberated Brands LLC, a retail company that sells clothes for brands like Volcom, RVCA and Billabong, filed for bankruptcy in Delaware with $226 million in debt to wind down and sell its operations after a retail lull pinched its liquidity and led a third-party brand owner to pull out of key license agreements.
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February 03, 2025
3 Firms Advise On $3B Triumph Group Go-Private Agreement
Pennsylvania-based Triumph Group said Monday it has agreed to be taken private by affiliates of Berkshire Partners and Warburg Pincus, exciting investors as the aircraft component maker's stock jumped more than 34% in morning trading.
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February 03, 2025
L'Oreal Sells €3B Sanofi Stake Back To French Pharma Co.
Cosmetics giant L'Oreal SA said Monday that it is selling a €3 billion ($3.1 billion) stake in Sanofi back to the French drugmaker, cashing in part of its holding after Sanofi's shares outperformed the market over the past year.
Expert Analysis
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Forecasting The Future Of The FTC Post-Inauguration
The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Best Practices To Find Del. Earnout Provisions That Hold Up
Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.
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What 2024 Tells Us About Calif. Health Transaction Reviews
Looking back at the California Office of Health Care Affordability's first year accepting notices for material healthcare transactions reveals critical lessons on what the OHCA's review process may mean for the future of covered transactions in the state, say attorneys at Ropes & Gray.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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2024 Was A Banner Year For Shareholder Activism
Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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EU's AI Act May Lead To More M&A Arbitration
With the EU's Artificial Intelligence Act and its stiff penalties beginning to take effect, companies acquiring AI targets should pay close attention to the provisions in the dispute resolution clauses of their deal documents, say Nelson Goh at Pallas Partners and Benjamin Qiu at EKLJ.