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

Fifth Third Bank Complaint

Posted on February 26, 2008
Zemprelli v. Fifth Third

Wachovia v. Newport

Posted on February 25, 2008
Access it here

Genesco Order on Justiciability

Posted on February 22, 2008
Access it here. A stepping-stone win for FL an GCO.

The HA 2003 Liquidating Trust v. Credit Suisse Sec. (USA) LLC

Posted on February 21, 2008
Here is a nice Easterbrook opinion on fairness opinions just out of the Seventh Circuit. I am happy to say that he cites my article Fairness Opinions. There are also some good points/quotes in it. My favorite: Much of the...

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CCU v. Newport

Posted on February 17, 2008
Access the complaint here. I'll have commentary in DealBook on Tuesday.

Genesco: Tenn. Court Order

Posted on February 15, 2008
Here it is. It probably doesn't mean anything -- just the court asserting its authority.

Preska')s Order on Justiciability (Genesco NY Dispute)

Posted on February 14, 2008
Order to Brief Justiciability Well -- you can see what is coming next . . . .

Clear Channel Divestiture Documents

Posted on February 13, 2008
Competitive Impact Statement Complaint Hold Separate Order Explanation Seems to be a lot of rigamorole on this, but read the explanation -- this is standard operating procedure and Bain and Thomas H. Lee have signed off on all of it.

Accredited Home Lenders v. Lone Star Funds: A MAC Case Study

Posted on February 11, 2008
I've posted to the SSRN a case study on material adverse change clauses. Here is the abstract: This case study is based on the 2007 material adverse change dispute between Accredited Home Lenders and Lone Star Funds. It is designed...

UBS and Genesco Motions to Dismiss in New York

Posted on February 07, 2008
Genesco Motion to Dismiss UBS Motion to Dismiss

The Latest MAC Case -- Solutia

Posted on February 07, 2008
Filings available as follows: Complaint Debt Commitment Letter Motion to Expedite

The OCC Letter

Posted on February 06, 2008
Here it is. No proposed agreements though.

ADS REspone Letter

Posted on February 05, 2008
ADS's response to Blackstone's motion to dismiss is here

Blackstone Motion to Dismiss ADS Case

Posted on February 04, 2008
Here it is. The first paragraph bears quoting: Defendants, affiliates of The Blackstone Group L.P. (?Blackstone?), have been attempting for many months to complete the acquisition of ADS. This is a transaction that they remain steadfastly committed to complete...

ADS Motion For Expedited Hearing

Posted on January 31, 2008
Access it here.

ADS Files Suit in Delaware

Posted on January 30, 2008
Access the complaint here.

Genesco's Response to Finish Line's Interlocutory Appeal

Posted on January 29, 2008
You can access it here

Finish Line's Answer

Posted on January 26, 2008
Here is a copy of Finish Line's answer. It's rather clever. I'll have analysis on the N.Y. Times DealBook site on Monday.

Finish Line's Interlocutory Appeal

Posted on January 23, 2008
Finish Line and UBS filed for an interlocutory appeal of their Tennessee action (download the appeal here ). A few tidbits: The trial date for the New York action is March 3. Finish Line and UBS are invoking the April...

UBS's Amended Complaint

Posted on January 15, 2008
Today UBS filed an amended complaint in the Genesco action. It is better crafted and includes some of the third quarter numbers but I didn't see anything earth-shaking. Download it here

Genesco's Answer

Posted on January 14, 2008
Finally, here is Genesco's answer to the New York action. Nothing too interesting.

M&A Law Prof to the New York Times DealBook

Posted on January 10, 2008
I'm very pleased to announce that I will now be blogging full time with the New York Times DealBook as the Deal Professor. Don't worry, it will be the same blog covering the same topics with the same length of...

Wanted M&A Regulator (Deal Junkies Preferred)

Posted on January 10, 2008
The SEC has posted up on their website the job opening for Brian Breheny - Chief of the Office of Mergers and Acquisitions. The pay is $119,731-$185,393 which is about what a first year associate in M&A makes these days....

Reddy Ice and Where is Genesco?

Posted on January 09, 2008
The below press release says it all -- it doesn't look good for Reddy Ice (insert melting ice joke here or query as to what exactly conceptual discussions about a renegotiated deal are). The press release below is likely a...

Huntsman/Hexion

Posted on January 09, 2008
Huntsman Chemical is trading below its August lows today. As we all know, Huntsman currently has agreed to be acquired by Hexion Specialty Chemicals Inc., a portfolio company of Apollo. At first blush, it appears that Hexion pulled a nice...

On Hiatus Mon. & Tues.

Posted on January 07, 2008
I'll be back Wed.

Genesco -- the ambiguity of specific performance

Posted on January 04, 2008
Apparently in response to a Genesco motion to clarify, the Tenn. judge today issued this order. A few points: The judge rules that her recent opinion is not a final order and she will issue a final order only once...

The Next Victim Please (Reddy Ice)

Posted on January 03, 2008
The demise of the PHH Corp. deal has me thinking about the next victim of the 2007/2008 private equity blow-out. I think the clear nominee for the dead pool has to be Reddy Ice Holdings -- it currently has a...

Paradigm Shift: Federal Securities Regulation in the New Millennium

Posted on January 03, 2008
I'm presenting the paper Paradigm Shift: Federal Securities Regulation in the New Millennium tomorrow in New York at the American Association of Law Professors annual meeting of the securities regulation section. Here is the abstract: In May 2007, Oaktree Capital...

PHH Corp.

Posted on January 02, 2008
I'm a bit surprised at the number of articles today on the collapse of PHH Corp. and its possible wider implications. The deal has been walking dead since mid-September when PHH Corp. announced that J.P. Morgan Chase & Co. and...

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