Tag: Regulatory
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 […]
Yes, Your CEO’s AI Prompts May Be Discoverable (and Can Be Problematic)
Recently, we were all reminded that any type of internal communications – including AI prompts! – are discoverable and can become the “smoking gun” in a lawsuit. In a $250 million M&A earnout dispute, the buyer was found by the Delaware Court of Chancery to have intentionally undermined the earnout […]
The Private Equity Developments That Defined 2025
Your definitive recap Private equity in 2025 was defined by selective momentum, evolving regulatory dynamics and a renewed emphasis on scale and flexibility. Which developments shaped the industry most? Find out in Cooley’s 2025 Private Equity Year in Review, where we examine the market trends, policy developments and structuring considerations […]
Comparative Playbook: Navigating Conflicts in Delaware and Nevada
Companies approaching or having recently completed an IPO often face increased scrutiny around transactions involving insiders, investor-appointed directors or controlling stockholders. To help boards and management teams navigate these issues, Cooley’s Liz Dunshee and Courtney Tygesson put together a comparative playbook outlining how Delaware and Nevada law each address conflicted transactions […]
US Government Shutdown Impact on Antitrust Enforcement – Expect Delays in Merger Review, Investigations, Litigation
With the US federal government now shut down until Congress passes funding legislation, federal agencies have begun furloughing employees. Those furloughs will impact the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) – the federal agencies tasked with enforcing antitrust laws. Key takeaways: Please see the […]
Shifting Sands – Recent Developments in UK Merger Control
The UK’s Competition and Markets Authority (CMA) is taking significant steps to update its approach to merger control following both the coming into force of the Digital Markets, Competition and Consumers (DMCC) Act on 1 January 2025 and the most recent strategic steer from the UK government. While the DMCC […]
The Private Equity Developments That Defined 2024
Your essential recap is here Private equity in 2024 was marked by evolving deal dynamics, strategic shifts and heightened regulatory scrutiny. Which significant developments made the biggest waves? Find out with Cooley’s 2024 Private Equity Year in Review, where we take a closer look at the influential trends impacting the […]
Navigating the New European Commission’s M&A Landscape: What In-House Counsel Need To Know
As the new European Commission (EC) assumes office for the 2024 – 2029 term, in-house legal counsel across industries must brace for an evolving regulatory environment that promises to influence the landscape of mergers and acquisitions (M&A). With significant shifts in priorities – from sustainability to strategic autonomy – and […]
Beyond Borders: A Guide for Navigating the European Regulatory Landscape
The heightened scrutiny M&A deals are encountering from various regulatory agencies in the US represents only part of the global regulatory regimes that cross-border dealmakers must navigate. European regulators have enacted – and aggressively pursued – a web of regulatory review tools, including merger control, foreign direct investment (FDI) and […]
Cooley’s 2023 Tech M&A Year in Review: An AI-Generated Glass Half Full
2023’s much-discussed downturn in mergers & acquisitions – with global M&A volume and value down 6% and 17%, respectively, from 2022 – was largely driven by the slowdown in the tech sector, with global tech M&A volumes down 51% year over year, while other sectors saw marked increases.[1] The headwinds […]