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Mergers & Acquisitions
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March 17, 2025
Yale Unit Questions Prospect Medical's Ch. 11 Sale Plan
Yale New Haven Health Services Corp. is questioning whether bankrupt hospital owner Prospect Medical Holdings Inc.'s attempt to sell its three Connecticut facilities through a Texas Chapter 11 proceeding will affect Yale New Haven's rights under a $435 million asset purchase agreement covering the same properties.
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March 17, 2025
Split 9th Circ. Won't Halt Federal Workers Reinstatement Order
A divided Ninth Circuit panel on Monday denied the Trump administration's bid for an immediate administrative stay of a California district court order requiring reinstatement of some probationary federal workers fired from six agencies, with the majority saying a pause "would disrupt the status quo and turn it on its head."
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March 17, 2025
$4.4B Alteryx Sale Was Lowball Offer, Investors Tell Del. Court
Former stockholders of cloud-based enterprise analytics platform Alteryx Inc. have challenged the venture's allegedly lowball, $4.4 billion sale in 2024 to two private equity buyers, claiming breaches of fiduciary duty in Delaware Chancery Court that include undisclosed conflicts among directors and key officers.
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March 17, 2025
Wash. AG Seeks $32M In Legal Fees In Kroger Merger Case
Washington's attorney general said the state is entitled to recover $32.4 million in legal fees for prevailing in its lawsuit opposing Kroger's $24.6 billion bid to buy Albertsons, including nearly $10 million for Munger Tolles & Olson LLP's assistance in the state court case.
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March 17, 2025
RRJ Capital Leads $600M Investment In Aviation Biz Vista
Private aviation group Vista, advised by Latham & Watkins LLP, on Monday revealed that it secured a $600 million equity investment from a group of investors led by Asian investment firm RRJ Capital.
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March 17, 2025
Chevron Buys 5% Of Hess With 'Confidence' In Merger Close
Chevron Corp. disclosed Monday that it has purchased 4.99% of Hess Corp.'s outstanding common stock, a move that signals the oil giant's "continuing confidence" in completing its pending $53 billion acquisition of Hess despite ongoing arbitration challenges.
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March 17, 2025
Simpson Thacher Taps Kirkland Atty To Co-Lead Enviro Group
Simpson Thacher & Bartlett LLP has hired a former Kirkland & Ellis LLP attorney, who is joining the firm in Washington, D.C., to co-lead its environmental practice and continue her work with the environmental issues involved in commercial transactions, the firm announced Monday.
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March 17, 2025
Activist Investor Calls For Reconstitution Of Parkland's Board
Activist hedge fund Engine Capital on Monday called for a comprehensive reconstitution of Calgary, Alberta-based Parkland Corp.'s board of directors, saying that the current board has overseen "meaningful underperformance" and demonstrated "zero interest" in engaging with its shareholders.
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March 17, 2025
PepsiCo Buying Poppi Prebiotic Soda Brand In $1.65B Deal
PepsiCo Inc. said Monday it has agreed to pay $1.65 billion for the "better-for-you" prebiotic soda brand Poppi, as the beverage giant looks to capitalize on growing consumer interest in health and wellness.
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March 17, 2025
4 Firms Guide Up To $1.14B Sale Of PE-Backed Biotech
Taiho Pharmaceuticals on Monday announced plans to acquire private equity-backed Swiss biotechnology company Araris Biotech for up to $1.14 billion in a deal built by four law firms.
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March 17, 2025
Covington-Led AstraZeneca To Buy Belgian Biz For Up To $1B
British-Swedish pharmaceutical giant AstraZeneca PLC said Monday that it has agreed to buy cancer immunotherapy business EsoBiotec in a deal worth up to $1 billion in cash to develop its capabilities in cell therapy.
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March 14, 2025
Antitrust Questions Earn Belt Line Deal A Deep Dive
The Surface Transportation Board isn't going to let Norfolk Southern get away with calling its attempt to procure the remainder of a rail line a minor transaction, since it's been locked in antitrust litigation over the control of that line for years, according to an order Friday that deemed the transaction "significant."
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March 14, 2025
Market Turbulence Threatens To Stall IPO Recovery
Stock market volatility is impeding a recovery in initial public offerings that market dealmakers hoped would begin by spring, prompting many IPO lawyers and advisers to defer hopes of a rebound until at least the second half of 2025.
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March 14, 2025
Legalese Aside, Live Nation Judge Keeps Damages Claims
A New York federal judge refused Friday to pare back a lawsuit filed by the government and 40 states accusing Live Nation of quashing competition and hiking ticketing prices, preserving claims that artists have been forced to use Live Nation promotion services and deeming state attorneys general to have standing to seek damages.
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March 14, 2025
3 Firms Rep On $8.5B Crown Castle Fiber Assets Sale
Paul Weiss-advised Crown Castle Inc. has agreed to sell its fiber segment for $8.5 billion in a push to transform the company into a pure-play U.S. tower business, in two deals guided on the buy-side by Kirkland and Simpson Thacher.
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March 14, 2025
FTC Probing $13B Marketing Mega-Deal
Marketing communications giants Omnicom and Interpublic disclosed an in-depth Federal Trade Commission probe into their $13 billion merger, pumping the brakes on their ability to close the deal soon, but they said the expectation is nevertheless to finish by the second half of this year.
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March 14, 2025
Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build
In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.
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March 14, 2025
Taxation With Representation: Davis Polk, Paul Weiss
In this week's Taxation With Representation, Mallinckrodt PLC and Endo Inc. combine, Rocket Cos. buys Redfin, and Endo divests its international pharmaceuticals business to Knight Therapeutics Inc.
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March 14, 2025
Skadden Tech Veteran Preps For AI's Planetary Revolution
Kenton King helped open Skadden's Silicon Valley offices some 25 years ago and has lived and breathed tech for a majority of his career, so he's no stranger to so-called disruptors in the sector. But he said game-changers like artificial intelligence come along only once or twice in a lifetime.
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March 14, 2025
Toyota Group Unit Buys Radius Recycling In $1.34B Deal
North American recycler Radius Recycling Inc., advised by Simpson Thacher & Bartlett LLP, has agreed to be bought by a U.S. subsidiary of White & Case LLP-led Toyota Tsusho Corp. in a $1.34 billion deal.
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March 13, 2025
SEC's Expansion Of Confidential Filings Likely To Spur Deals
The U.S. Securities and Exchange Commission's latest effort to expand companies' ability to confidentially file for more securities offerings during initial stages should accelerate the pace of public issuances, according to capital markets lawyers.
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March 13, 2025
StubHub, Figma Pursue IPOs, And More Deal Rumors
StubHub and Figma are pursuing IPOs, Granicus' owners are exploring a $4 billion sale, and deals tied to Reese Witherspoon and Eminem could be in the pipeline. Here, Law360 breaks down these and other notable deal rumors from the past week.
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March 13, 2025
6 Firms Steer $6.7B Mallinckrodt, Endo Pharma Merger
Six law firms are guiding a $6.7 billion merger between Ireland's Mallinckrodt PLC and Pennsylvania-based Endo Inc. on a deal announced Thursday that the companies said will create a global pharmaceutical industry leader with projected 2025 revenues of $3.6 billion.
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March 13, 2025
Founder Wants $14.7M In Logistics Developer SPAC Dispute
The founder of a Latin America-based logistics property developer told a Florida federal court that he is owed at least $14.7 million as part of a 2024 special purpose acquisition company merger.
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March 13, 2025
Amid Del. Corporate Law Overhaul Push, Texas Turns Up Heat
As Delaware lawmakers advance changes to the state's general corporation law — aimed in part at stopping companies from moving their corporate charters — they are facing increased pressure from their counterparts in Texas, where legislation appears to be on a fast dash in an attempt to convince more businesses to make it their legal home.
Editor's Picks
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UK Enforcers Say Cargo Equipment Deal Raises Concerns
The planned merger of Finnish cargo handling equipment outfits Cargotec Corp. and Konecranes PLC faces increasing scrutiny across the globe, as U.K. enforcers raised concerns about competition for a number of different products for port services.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Preparing For Disruptions To Life Sciences Supply Chains
Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
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Mastering The Fundamentals Of Life Sciences Due Diligence
As life sciences transactions continue to gain tremendous momentum, companies participating in these transactions must conduct effective and strategic regulatory due diligence, which involves extensive amounts of information and varies by manifold factors, says Anna Zhao at GunnerCooke.
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A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal
The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.
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5 Merger Deal Considerations In Light Of The New HSR Rules
Now that the new Hart-Scott-Rodino Act rules are in effect, current priorities include earlier preparation for merging parties, certain confidentiality covenants, and key elements of letters of intent and term sheets, say attorneys at Fried Frank.
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What FERC Scrutiny Of Directors, Assets Means For Investors
The Federal Energy Regulatory Commission has recently paid dramatically increased attention to appointments of power company directors by investors, and ownership of vertical assets that provide inputs for electric power production and sale — so investors in FERC-regulated entities should be paying more attention to these matters as well, say attorneys at Day Pitney.
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Opinion
Antitrust Analysis In Iowa Pathologist Case Misses The Mark
An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.
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Anticipating Calif. Oversight Of PE Participation In Healthcare
A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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Opinion
SEC Defense Bar Should Pursue Sanctions Flexibility Now
The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.