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26 Apr 2024, 2:36 am
For an article on severance obligations after a merger please see: Korean Statutory Severance Obligations After a Merger in Korea. [read post]
23 Apr 2024, 9:01 pm
The Court of Chancery recently examined such an agreement in In West Palm Beach Firefighters’ Pension Fund v. [read post]
22 Apr 2024, 9:01 pm
One case stands out, involving the HP-Compaq merger in 2002. [read post]
22 Apr 2024, 7:09 am
Other blockages have involved the acquisition of an aircraft component manufacturer, a semiconductor investment fund, and a prominent IT firm. [read post]
21 Apr 2024, 9:01 pm
Narrowing of the “Funding Rule”: The proposed regulations narrow the scope of the so-called “funding rule” contained in the Notice, although it remains broad. [read post]
18 Apr 2024, 9:01 pm
One of the hallmarks of PCCE is that it brings together academics, regulators, and industry professionals, and allows us to have candid conversations about corporate misconduct and the ways in which we can all work together to improve compliance. [read post]
18 Apr 2024, 2:05 pm
., City Pension Fund for Firefighters and Police Officers in City of Miami v. [read post]
15 Apr 2024, 10:00 pm
For example, (1) representations and warranties of the SPAC address the SPAC’s lack of business activities, capitalization structure after taking into account any SPAC-specific investments and securities, and the funding and maintenance of the SPAC’s trust account; (2) covenants typically cover transaction financing obligations, the distribution and use of trust account proceeds, and continued listing on the applicable stock exchange; and (3) conditions to closing usually… [read post]
14 Apr 2024, 4:46 pm
Panuwat allegedly purchased the options within minutes of learning highly confidential information concerning the merger. [read post]
11 Apr 2024, 4:23 pm
Professor Gary Lilien shared a pivotal ‘aha’ moment during the research: when asked about a hypothetical increase in funding, most startup managers admitted they would allocate none of it towards marketing efforts. [read post]
11 Apr 2024, 4:00 am
The shareholders sued for and received by way of common settlement funds, $90 million which was therefore the amount by which the consideration was effectively increased. [read post]
9 Apr 2024, 12:06 am
Imagine an internet in which economic power is more broadly distributed, so that more people can build and maintain small businesses online to make good livings. [read post]
8 Apr 2024, 7:51 am
Second, the attention to the possible impact of the Capital One-Discover merger is a reminder that student loan debtors almost always have other, private creditors. [read post]
8 Apr 2024, 4:22 am
Folks who’ve been following this blog for years know that periodically I like to venture beyond New York’s borders to find and report on interesting decisions from other states in business divorce cases. [read post]
5 Apr 2024, 6:00 am
Trump cannot sell his shares or use them as collateral for a loan for six months because of a provision in the company’s merger agreement. [read post]
4 Apr 2024, 5:06 pm
For example, there may be differences in university culture, laws concerning taking a company public, corporate formation laws, laws concerning mergers and acquisitions, tax law, amount of available funding, expected licensing terms, skilled workforce, specific IP and data rights laws, networks of support and engagement, university researcher buy-in, and availability of capital (among other things). [read post]
2 Apr 2024, 9:01 pm
If enacted, the 2024 amendments will, among other things, make the following changes: Section 122, which enumerates express powers that a corporation may exercise, is being amended in response to the Delaware Court of Chancery’s opinion in West Palm Beach Firefighters’ Pension Fund v. [read post]
1 Apr 2024, 9:01 pm
Specifically, appropriators are currently planning to allocate only $233 million to the Division, which cuts $45 million and contradicts last year’s budget, which included funding increases for the Division and the FTC. [read post]
1 Apr 2024, 3:00 am
Ch. 2023), to provide, among other things, that a target company may include in a merger agreement a provision that allows the target to seek damages, including damages attributable to the stockholders’ loss of a premium, against a buyer that has failed to perform its obligations under the merger agreement, including any failure to cause the merger to be consummated. [read post]
31 Mar 2024, 9:01 pm
In recent months, the U.S. banking regulators have proposed policy statements focused on providing greater insight on the agencies’ review of bank mergers and acquisitions under the Bank Merger Act (BMA).[1] On January 29, 2024, the Office of the Comptroller of the Currency (OCC) published a notice of proposed rulemaking (OCC NPRM) to (1) amend its procedures to eliminate expedited processing and the use of streamlined application forms for bank mergers and (2) adopt… [read post]
