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28 Feb 2023, 3:00 am
This month’s issue includes the following articles: – Delaware Court Addresses Freeze-Out Merger Confronted with Topping Bid – Tortious Interference Claims in M&A: Deal Jumping – Bandera Master Fund: Delaware Supreme Court Defers to General Partner’s Contractual Authority The Deal Lawyers […] [read post]
23 Feb 2023, 9:01 pm
He falsely claimed that My Big Coin was backed by gold and could readily be exchanged for real money – but instead spent investor funds on artwork and jewelry. [read post]
21 Feb 2023, 9:05 pm
Hedge fund activists are nonetheless still eager to obtain board representation. [read post]
21 Feb 2023, 1:15 pm
In yet another Delaware court D&O insurance coverage decision that is sure to set the D&O insurance industry spinning, a Delaware Superior Court Judge has held that a SPAC’s post-merger runoff policy provides coverage for the defense fees of former directors of the pre-Merger target company for alleged Wrongful Acts that the occurred prior to the merger – even though the former directors were not directors or officers of the SPAC at the time they… [read post]
20 Feb 2023, 9:53 pm
Tehum also got $1 million cash plus rights to draw on a funding agreement from another entity called M2 LoanCo. [read post]
17 Feb 2023, 5:06 am
The merger was approved by the SEC on July 26th, 2007. [read post]
15 Feb 2023, 12:15 am
It is quite simply available to "any person who effects transactions in securities in California only in connection with mergers, consolidations or purchases of corporate assets, and who does not receive, transmit, or hold for customers any funds or securities in connection with such transactions". [read post]
13 Feb 2023, 7:28 am
Conwell’s second fund, however, relied on Investment Company Act Section 3(c)(1) and his investors from the first fund are now mostly “price[d] out” of the second fund because minimum investment levels are much higher. [read post]
13 Feb 2023, 5:59 am
[ii] In its Complaint, Hudson named Chicago Pacific Founders Fund, L.P. [read post]
10 Feb 2023, 7:04 am
Bandera Master Fund LP Mergers and Acquisitions—2023 Posted by Victor Goldfeld, Mark Stagliano, and Anna D’Ginto, Wachtell, Lipton, Rosen & Katz, on Wednesday, February 8, 2023 Tags: Activism, Corporate governance, Delaware Court of Chancery, ESG, M&A, SPACs Factors That Will Impact Proxy Season 2023 Posted by Dorothy J. [read post]
10 Feb 2023, 7:04 am
Bandera Master Fund LP Mergers and Acquisitions—2023 Posted by Victor Goldfeld, Mark Stagliano, and Anna D’Ginto, Wachtell, Lipton, Rosen & Katz, on Wednesday, February 8, 2023 Tags: Activism, Corporate governance, Delaware Court of Chancery, ESG, M&A, SPACs Factors That Will Impact Proxy Season 2023 Posted by Dorothy J. [read post]
1 Feb 2023, 9:05 pm
Strategic acquirors that have thoughtfully managed their balance sheets and private equity funds that have ample dry powder may be eager to pursue tech (and other) targets that would have previously been out of reach at the much higher valuations many companies enjoyed in 2021. [read post]
31 Jan 2023, 8:54 am
In an effort to cabin the exposure from the Products Liability Claims—damages awarded and costs of which were in the billions—J&J carried out a divisive merger of J&J Subsidiary under Texas law.4 This process, colloquially referred to as a “Texas Two-Step,” resulted in the division of J&J Subsidiary into LTL—which inherited all of the Products Liability Claims and certain assets including a funding agreement—and Johnson &… [read post]
31 Jan 2023, 8:04 am
The Texas two-step, formally termed a “divisional merger,” occurs when a company restructures itself into two new entities. [read post]
31 Jan 2023, 6:31 am
FTC Chair Lina Khan opined last month in The Wall Street Journal that ESG benefits are no defense for otherwise illegal mergers. [read post]
31 Jan 2023, 6:31 am
FTC Chair Lina Khan opined last month in The Wall Street Journal that ESG benefits are no defense for otherwise illegal mergers. [read post]
29 Jan 2023, 9:01 pm
Despite the fact U.S. enforcement statistics have not quite matched the rhetoric to date, merger review in 2023 will continue to create complexities in transaction planning and execution. [read post]
28 Jan 2023, 6:30 am
Asset Managers, ESG Funds, and Proxy Advisory Firms. [read post]
28 Jan 2023, 6:30 am
Asset Managers, ESG Funds, and Proxy Advisory Firms. [read post]
27 Jan 2023, 6:04 pm
Chunlin ZhangPages 271-306 Re-imaging Development Finance: Sustainability, Catalytic Capital, and the Role of Sovereign Wealth Funds Patrick J. [read post]
