M & A Law Prof Blog: Academic

Home -> Law Blog Directory -> Academic Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Academic

M & A Law Prof Blog

A Member of the Law Professor Blogs Network.

Post Frequency: 6.5/day

Last Entry: March 31, 2011 at 05:52:00

Arsenal Update

Posted on January 25, 2010
What does Stan Kroenke have up his sleeve? He's 17 shares away from crossing the 30% threshold and then being required to make an offer for all of the outstanding shares of the Arsenal Football Club. Here's the update. Might...

The Volcker Rule and the End of Private Equity?

Posted on January 24, 2010
Late last week, Obama announced the "Volcker Rule" -- a new era Glass-Steagall. Prohibiting banks that take deposits from investing in private equity or hedge-funds will likely have a big impact on the position of financial acquirers in the takeover....

Corporate Free Speech

Posted on January 22, 2010
?If the First Amendment has any force it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.? Citizens United v FEC. Interesting. For a bunch of ?strict constructionists? they appear to construe...

Sunbelt Appraisal Lessons

Posted on January 22, 2010
Chancellor Chandler recently handed down an interesting appraisal case that's worth taking a quick look at - In re Sunbelt Shareholders Litigation. The case is interesting for a variety of reasons. In the first instance, the plaintiffs made two claims...

To access this complete feed in the blog feed reader login or register for free.

Synergies and Target Specific Information

Posted on January 21, 2010
You'll have to excuse me but every time I hear "synergy" in connection with an acquisition, I immediately think of Dilbert running screaming from the conference room at hearing of the word. OK, I'm a cynic. But Martin and Shalev...

Japan's Premerger Notification Regime

Posted on January 20, 2010
MoFo has memo on the recent amendments to the Japanese Anti-Monopoly Act that went into effect Jan. 1, 2010 here. -bjmq

Keep Cadbury British...

Posted on January 19, 2010
Keep Cadbury Birtish! ... or not. I suppose everything has its price, even national icons. In this case, the price is about $19 billion. Cadbury's board just unanimously recommended Kraft's offer to its shareholders. Summary of the terms from the...

A Netutral Approach to Takeover Law

Posted on January 19, 2010
Enriques has a new paper, European Takeover Law: The Case for a Neutral Approach, arguing that the EU should adopt a neutral position towards takeovers (along the lines of the UK's takeover panel) in its current reappraisal of the directive....

Transactional Teaching Conference Update

Posted on January 19, 2010
I previously posted on Emory?s Transactional Teaching Conference. I?m now informed that: [T]here was a problem with the Call for Proposals online submission process. As a result, any proposal that was previously submitted has not been received. The technical team...

Is it over, yet?

Posted on January 15, 2010
CF Industries announced last night that it was dropping its bid for Terra Industries. Although this is a de-escalation in the fight amongst CF, Terra, and Agrium. It's not over yet in the "forever war" though. Agrium's $5.36 billion hostile...

Ahern and Harford have a new paper,

Posted on January 14, 2010
Ahern and Harford have a new paper, The Importance of Industry Links in Merger Waves, that uses a network approach to understand merger waves. It seems to be true that industry links were important component of the first great merger...

More on NACCO Industries from Davis Polk

Posted on January 14, 2010
Brian recently posted about the NACCO Industries case (here), As he reminds us: NACCO reminds us that if you are going to terminate a merger agreement, you better comply with all its provisions. If you don't, if you perhaps willfully...

SEC-BAC

Posted on January 13, 2010
The Deal Professor has some good commentary on the state of the SEC's case against BAC. The case is a mess. For some reason the SEC focused its initial efforts on the bonus issue when the real issue should have...

Just Say No ? to Earnouts

Posted on January 12, 2010
Here?s another reason to just say no to earnouts ?Sonoran Scanners v PerkinElmer. Plaintiff Sonoran argued that notwithstanding the lack ?reasonable efforts? language in the asset purchase agreement that there should be an implied obligation to exert reasonable efforts in...

Chinese Merger Control

Posted on January 11, 2010
Zhang and Zhang have an article, Chinese Merger Control: Patterns and Implications, appearing in the Oxford Journal of Competition Law and Economics assessing the efficacy of the recent Chinese Anti-Monopoly Law. (There's also a version on SSRN, if you don't...

Worst Deals of the Century?

Posted on January 08, 2010
Hot on the heels of Gerald Levin's claiming the mantle of the "worst deal of the century", the Telegraph (UK) helpfully puts together its own shortlist of "worst deals" of this century. Given that the century started in 2000, that's...

Acquisition Financing in 2010

Posted on January 08, 2010
Davis Polk has some thoughts based on trends from 2009. Here's the conclusion: The fundamental tensions in acquisition financings have not changed: buyers and sellers desire deal certainty and unconditional loan commitments, and arrangers desire flexibility to ensure a successful...

Shrinking Delaware?

Posted on January 07, 2010
Mark Roe has a paper, Delaware's Shrinking Half-Life, appearing in the current Stanford Law Review. Notwithstanding Delaware's pre-eminent position in the incorporation business, Roe argues that Delaware is living on a knife's edge. The problem for Delaware he suggests is...

Levin: Yeah...sorry about that...

Posted on January 06, 2010
"I presided over the worst deal of the century, apparently." Gerald Levin and Steve Case on CNBC two days ago. At least he recognizes that where the blame for that deal should lie. This was actually a very reflective discussion...

Ribstein on "The Cloudy Future of Big Law"

Posted on January 06, 2010
Yesterday, over at Ideoblog, Larry Ribstein had another in a series of thoughtful musings on the future of Big Law. His post, "The Cloudy Future of Big Law" responded to this post at Above the Law, which primarily focused on...

Prompt Notice and Topping Bids

Posted on January 05, 2010
Generally, directors have a fiduciary duty to consider topping bids. Try as they might, directors cannot contract around their fiduciary obligations in the merger context. A recent ruling out of the Delaware Chancery Court (NACCO v Applica) before Christmas reminds...

Fairness Hearings and Going Private Transactions

Posted on January 04, 2010
Is it the new year already? I have posted on the 3(a)(10) fairness hearing process before. The 3(a)(10) fairness hearing provides a valid exemption for the issuance of stock so that such stock can be freely traded without being registered...

Interview with Chief Justice Steele

Posted on December 30, 2009
Francis Pileggi at the Delaware Corporate and Commercial Litigation Blog interviews Delaware Chief Justice Myron Steele. -bjmq

Just in time for the holidays

Posted on December 28, 2009
The M&A Market Trends Subcommittee of the ABA just announced that the 2009 Private Target Deal Points Study is now available to Subcommittee members here. Highlights of the 2009 Study were presented last month at an ABA telecast on "M&A...

Happy Holidays!

Posted on December 21, 2009
I'll be taking a break from blogging for the next week or so to do what law professors tend to do this time of year -- grade exams and fret about next semester's syllabi. If I'm lucky I might be...

GM: 0 for 4?

Posted on December 19, 2009
When GM came out of bankruptcy the plan was pretty simple. It would shut a number of divisions and then shed four of others - Opel, Saturn, Saab and Hummer. GM balked at the Opel sale after walking most of...

2009 MAC Survey

Posted on December 18, 2009
Nixon Peabody's annual MAC Survey is out. My only question - which are the 3% of transactions with a MAC, but no definition for what a MAC is? I know MAC definitions can be frustratingly vague, but c'mon! -bjmq

Bad Bidders Make Bad Targets

Posted on December 18, 2009
'Tis the season for papers on value destroying merger transactions! Offenberg, Srtaska and Waller have a paper, Who Gains from Buying Bad Bidders?, that examines whether there are gains to be had from acquiring companies who have been bad acquirers...

Exxon/XTO's Fracking MAE

Posted on December 17, 2009
There is a piece in today's WSJ on the Exxon/XTO deal. The piece centers on the controversial practice of hydraulic "fracking" in the drilling process and whether the deal might be stopped in the event Congress moves legislation to ban...

Coast is Clear: Saks Pulls Its Pill

Posted on December 16, 2009
Last year Carlos Slim, Mexcian magnate and occasionally the richest man in the world, began accumulating an 18% position in Saks Fifth Avenue, which at that point was trading at al all time low (around $2.50/sh). Almost immediately, the Saks...

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...