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Mergers & Acquisitions
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January 23, 2025
Chancery Tosses Suit Challenging $10.2B Zendesk Sale
Rejecting stockholder claims of misstated or omitted deal terms, a Delaware vice chancellor on Wednesday dismissed a suit accusing managers of software-as-a-service venture Zendesk Inc. of taking the company private at a $10.2 billion price far below earlier offers.
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January 23, 2025
FTC Chair's 1st Act: Ending 'Scourge' Of DEI
Andrew N. Ferguson made his first public act as the Federal Trade Commission's new Republican chairman Wednesday by ordering the end of all agency diversity, equity and inclusion efforts and declaring that the "scourge" of DEI is over at the FTC.
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January 23, 2025
Conflict Limits 1 Lawyer On Javice Team As Trial Date Slips
A lawyer defending Charlie Javice on charges she swindled JPMorgan Chase into paying $175 million for a financial aid startup she founded will be limited in representing her, a Manhattan federal judge said Thursday, before pushing trial back a week.
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January 23, 2025
Khan Leaving The Federal Trade Commission By Jan. 31
Federal Trade Commission member Lina M. Khan has said she'll leave the agency by the end of the month, stepping down after President Donald Trump's inauguration enshrined her demotion from chair to line commissioner.
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January 23, 2025
Mergers & Acquisitions Group Of The Year: Weil
Weil Gotshal & Manges LLP clinched some of the largest deals of 2024 for big-name clients as diverse as The Home Depot, Sunoco, Cedar Fair and a consortium that includes Glencore PLC, earning the firm a spot among the 2024 Law360 Mergers & Acquisitions Groups of the Year.
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January 23, 2025
Spotless Brands' Sale Could Make Splash, And More Rumors
Owners of Spotless Brands are seeking to sell the car-wash operator for $3 billion, while more overseas companies are preparing U.S. initial public offerings, including Chinese self-driving systems maker Inceptio Technologies and Israel-based cryptocurrency trading platform eToro. Here, Law360 breaks down the notable deal rumors from the past week.
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January 23, 2025
Latham-Led Brookfield Buying Divvy Homes For $1B
A Brookfield private real estate fund has agreed to acquire Divvy Homes' property portfolio and platform for approximately $1 billion, with an expected close in mid-February, the companies announced Wednesday.
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January 23, 2025
Baker Botts Adds DOJ Atty Who Led Airline Merger Challenge
The former U.S. Department of Justice antitrust attorney who led the agency's successful challenge to a proposed merger between JetBlue and Spirit Airlines has joined Baker Botts LLP as a partner in the firm's Washington, D.C., office.
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January 23, 2025
Holland & Knight Adds Davis Wright's Ex-Managing Partner
Holland & Knight LLP has added a corporate and venture capital attorney who last year stepped down as Davis Wright Tremaine LLP's managing partner, the firm announced Thursday.
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January 23, 2025
Greenlight CLO Rejoins Nelson Mullins As Corporate Co-Chair
The former chief legal officer at family-oriented personal finance company Greenlight Financial Technology Inc. has rejoined Nelson Mullins Riley & Scarborough LLP in Atlanta to co-chair the firm's corporate practice group.
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January 23, 2025
Bain Matches CC Capital's Rival Bid For Insignia Financial
Bain Capital has submitted a revised bid of more than $1.9 billion for Australia's Insignia Financial Ltd., matching an earlier revised offer submitted by fellow U.S. private equity firm CC Capital Partners just days ago, Insignia said Thursday.
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January 22, 2025
American, JetBlue Ink $1.9M Atty Fee Deal After Antitrust Loss
A Massachusetts federal judge signed off Tuesday on a settlement requiring American Airlines and JetBlue to cover $1.9 million worth of legal fees that a group of state attorneys general spent successfully challenging the two airlines' Northeast Alliance joint venture as anticompetitive.
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January 22, 2025
Del. Justices Probe $10.4B Anaplan-Thoma Bravo Deal
The Delaware Supreme Court on Wednesday repeatedly asked attorneys what Anaplan Inc.'s officers needed to tell shareholders before they voted on the company's $10.4 billion sale to private equity firm Thoma Bravo, probing what sorts of disclosures would be required under the First State's so-called Corwin doctrine.
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January 22, 2025
Former Pioneer CEO Sues FTC Over Exxon Board Block
The former CEO of Pioneer Natural Resources, Scott Sheffield, accused the Federal Trade Commission of violating his constitutional rights by barring him from serving on Exxon Mobil Corp.'s board when the agency cleared a $60 billion merger between Exxon and Pioneer.
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January 22, 2025
Securities Defense Bar Notched More Dismissals In '24
Courts threw out more securities class actions last year than they had in years before, reversing a six-year downturn in the number of shareholder suits resolved through settlement or dismissal, according to a Wednesday report by National Economic Research Associates Inc.
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January 22, 2025
Waste Co. Says Ex-Director Used Secret Info For Sabotage
Commercial waste management company RTS has accused a former board director in Delaware Chancery Court of misusing its confidential information and deliberately sabotaging the business to try to force a cheap sale to the ex-director's private equity firm.
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January 22, 2025
Pa. Justices Revive Case Over Hospital Care Discontinuation
Pennsylvania's highest court on Wednesday ruled a trial court had reasonable grounds to halt plans by now-bankrupt hospital operator Prospect Medical Holdings Inc. to discontinue emergency and acute care services at a Delaware County facility.
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January 22, 2025
Paul Weiss Repping Aptiv On Plans To Split Into 2 Companies
Paul Weiss Rifkind Wharton & Garrison LLP-led technology company Aptiv PLC on Wednesday announced plans to separate its Electrical Distribution Systems business, creating two independent companies that it says are "optimally positioned" to serve customers.
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January 22, 2025
Paul Weiss Guides Ares On $304M Form Technologies Buy
Paul Weiss is guiding an Ares Management-led group on the $304 million purchase of a majority of Form Technologies Inc.'s common equity, in a transaction that allows Kirkland & Ellis LLP-advised Form to "substantially deleverage" its balance sheet, Form said Wednesday.
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January 22, 2025
Mergers & Acquisitions Group Of The Year: Simpson Thacher
Simpson Thacher & Bartlett LLP's mergers and acquisitions team clinched some of the biggest deals that reshaped the technology and media landscapes in the past year, including Cisco Systems' $28 billion purchase of Splunk and Paramount's $28 billion merger with Skydance Media, landing the law firm a spot among the 2024 Law360 Mergers & Acquisitions Groups of the Year.
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January 22, 2025
Saudi Wealth Fund Selling Biz Service Firm In $907M Deal
Saudi Arabia's Public Investment Fund said Wednesday it has agreed to sell business services and digital solutions firm Thiqah to Elm Company, a Saudi Arabian digital security firm, in a deal valued at $907 million.
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January 21, 2025
Ex-Meta COO Sanctioned For Deleting Cambridge Emails
A Delaware Court of Chancery judge on Tuesday sanctioned Meta Platforms Inc.'s former Chief Operating Officer Sheryl Sandberg in consolidated litigation over the Facebook Cambridge Analytica data scandal, finding that she likely selectively deleted emails that related to the litigation.
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January 21, 2025
Del. Justices Seal Oracle's Win In $9.3B NetSuite Merger Suit
The Delaware Supreme Court on Tuesday affirmed the Chancery Court's toss last year of a challenge to Oracle Corp.'s $9.3 billion acquisition of NetSuite Corp. in 2016, saying the Chancery did not err in finding that the transaction was untainted from influence by Oracle's management or its founder and top shareholder.
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January 21, 2025
Judge OKs Deal To Keep Some American Freight Stores Open
A Delaware bankruptcy judge on Tuesday approved a sale in Chapter 11 that will keep the lights on in more than two dozen American Freight home furnishing stores by transferring their leases from the bankrupt Franchise Group.
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January 21, 2025
Colo. Court OKs Use Of LLC Test For LPs In Ranch War
A Colorado state appeals court affirmed a trial court's decision to dissolve a partnership that owned a ranch in the state, ruling for the first time that a test for determining when judicial dissolution is necessary can be applied to limited partnerships.
Expert Analysis
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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How To Prepare For Expanded HSR Notification Process
Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.