Choosing Your Corporate Home: A Trade-Off Guide for Founder-Led Tech Companies
The choice of state of incorporation used to be handled quietly at formation or IPO and rarely revisited. Even as a handful of high-profile companies and commentators began questioning Delaware’s judge-made law and domicile dominance in 2024, it was unclear whether the sentiment would be temporary or make corporate domicile […]
FTC, Requiring Divestitures, Approves Final Consent Decree in Ascension/AmSurg Deal
On August 25, 2026, the Federal Trade Commission (FTC) announced it had finalized a consent order resolving antitrust concerns arising from Ascension Health Alliance’s $3.9 billion acquisition of AmSurg. This order arrives against the backdrop of heightened FTC attention to the healthcare sector. In March 2026, FTC Chairman Andrew Ferguson directed the […]
FTC Court Win Blocks Henkel’s Acquisition of Liquid Nails
On August 17, 2026, the Federal Trade Commission (FTC) announced it had secured a win in court to block the merger of two of the largest construction adhesive brands. The ruling is a significant triumph for the FTC and a useful data point for dealmakers evaluating how the agency is litigating […]
Court Holds Revlon ‘Duties’ Don’t Apply to PBC in Change-of-Control Transaction
Recently, the Delaware Court of Chancery issued a decision of first impression addressing the fiduciary duties and standards of review applicable to a Delaware public benefit corporation (PBC) navigating a change-of-control transaction. In Drakes Landing Associates, L.P. v. Tilden Park Capital Management, L.P., C.A. No. 2025-0898-NAC (Del. Ch. July 29, […]
Cooley Market Talks – The Technology Outlook: H2 2026 and Beyond
Public capital markets are back in the strategic conversation for technology companies. The change is not limited to better IPO windows. Companies have a broader set of financing choices, investors are showing an appetite for large growth stories, and a credible public market path can give boards more leverage as […]
FTC Secures Record $12 Million Penalty for HSR Violation
On July 13, 2026, the Federal Trade Commission (FTC) announced that Edwards Lifesciences and Genesis MedTech Group agreed to pay a combined civil penalty of $12 million to settle allegations that they intentionally structured Edwards’ acquisition of JC Medical, a subsidiary of Genesis, to avoid premerger reporting requirements under the Hart-Scott-Rodino (HSR) […]
Navigating M&A in Today’s Exit Market for Funds
Our M&A team hosted a webinar exploring how exit dynamics are evolving in today’s environment for funds. The discussion examined key decision considerations when evaluating potential portfolio company sales and combinations, including potential friction points. The session offers valuable insight into the current M&A landscape for venture-backed companies and is […]
Coordinating HawkEye’s Acquisition, Financings and IPO at Orbit Speed
Escalating geopolitical tensions have driven a significant increase in demand for critical signals intelligence and radio frequency intelligence data and analytics to advance defense, intelligence and national security interests. For HawkEye 360, a spacetech and defensetech innovator, the surge in product and investor demand created a pivotal opportunity to access public […]
SEC Exemptive Order Halves Minimum Tender Offer Period for Negotiated All-Cash Transactions
Acquirors of public company targets in negotiated, all-cash acquisitions can now complete a transaction on the 11th business day following the commencement of a tender offer. This can shorten the closing timetable for certain public M&A transactions from a minimum of six weeks to as little as a month.[1] This […]
Cooley Market Talks – AI and the New Capital Dynamic: IPOs, M&A and What Comes Next
How AI is changing market dynamics With AI transforming capital-raising dynamics and M&A strategies, our clients are navigating a dynamic moment. On April 28, Cooley Partners Jamie Leigh and Dave Peinsipp were joined by Nicole Irvin and Todd Ebe of Goldman Sachs to discuss how rapidly evolving risks and opportunities […]