By Patrick T. Campbell, Jonathan B. New, James A. Sherer, and Lauren E. Sternbach | December 18, 2023
This article describes the DOJ's new M&A safe harbor policy and also provides practical insights on how companies engaged in M&A can meet the DOJ's expectations.
By Hugo Guzman | December 14, 2023
"It's always better to make a bid when things are confused," corporate governance expert Charles Elson said. "[And] it's harder to defend during a transitional period."
Delaware Business Court Insider | News
By Ellen Bardash | December 6, 2023
BitGo is seeking $100 million for a busted $1.2 billion merger. The termination fee in that complaint is thought to be the largest ever requested by a cryptocurrency company.
By Ellen Bardash | December 6, 2023
BitGo is seeking $100 million for a busted $1.2 billion merger. The termination fee in that complaint is thought to be the largest ever requested by a cryptocurrency company.
By Patrick Smith | December 4, 2023
Deals continue to come in, though not at a pace most would prefer. Debevoise's Michael Diz said the last couple of years have been one shock after another.
By Alexander Lugo | December 4, 2023
"By virtue of that combination, Nelson Mullins had connectivity throughout the state immediately, had productive lawyers producing and a profitable day one," said Miami partner John Haley.
By Maydeen Merino | December 1, 2023
The agency has signaled its "desire to make a sharp change" through rulemaking but has yet to make lasting alterations through Congress or the courts, said former acting FTC Chair Maureen Ohlhausen.
The Legal Intelligencer | News
By Amanda O'Brien | December 1, 2023
The new practice builds upon the firm's recent growth in Canada. But leaders have no plans to expand beyond North America.
New York Law Journal | Analysis
By Amy Greer, Christopher Nasson and Anna L'Hommedieu | December 1, 2023
The U.S. Department of Justice (DOJ) is adding to its toolkit to encourage voluntary self-disclosures in the corporate criminal enforcement space—this time in connection with mergers and acquisitions. Under the new M&A Safe Harbor Policy, such acquiring firms will receive the presumption of a declination, presuming the acquiring company timely self-reports the misconduct, cooperates in the investigation, and engages in appropriate and timely remediation.
By Paige Holden Montgomery, David A. Silva and Mitchell B. Alleluia-Feinberg | November 30, 2023
A new DOJ policy offers a way for companies to receive a declination of prosecution if they self-disclose misconduct within six months of closing an M&A transaction.
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