Legal News

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes market commentary from our Texas-based M&A attorneys. Please see full Publication below for more information....By: BakerHostetler

Businesses are not stagnant, and products change both in name and content. Brands are acquired as part of an acquisition, lines are extended in licenses, product lines are extended as businesses change. How do attorneys work with their clients to maintain brand initiatives during business deals and transitions? Jacqueline Lesser will walk through the key issues in addressing brands in deal making and new business initiatives....By: BakerHostetler

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes market commentary from our Texas-based M&A attorneys. M&A activity in Texas had a mixed performance for 3Q20 compared with 2Q20, with overall U.S. M&A activity faring better. Texas activity, reflected by number of deals, decreased approximately 15% compared to 2Q20,......

On Oct. 2, 2020, the U.S. Small Business Administration (SBA) issued Procedural Notice Control No. 5000-20057 (the SBA Guidance), which clarifies approval requirements for Paycheck Protection Program (PPP) borrowers upon a change of ownership. Previous guidance and communications with both PPP lenders and local SBA offices resulted in some confusion around whether the PPP lender, the SBA or both needed to approve the change of ownership....By: BakerHostetler

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict compliance with the defense, such as when we are dealing with firms facing financial challenges due to the COVID-19 pandemic. In fact, we can now offer an update that reinforces our conclusion....By: BakerHostetler

Don't rest on your laurels because the closing ink has dried! In this final episode of the series on state and local tax issues in M&A, Matt Hunsaker addresses some of the issues that arise after closing and how to prepare for them, including tax sharing agreements, transition service agreements, voluntary disclosure agreements for lemon purchases, and more....By: BakerHostetler

In part 3 of our journey through SALT issues in M&A transactions, Matt Hunsaker highlights a few apportionment, unitary combination, and NOL usage implications that should be on your radar whenever you are involved in a transaction....By: BakerHostetler

M&A transactions can have big implications for your company's nexus footprint. In part two of the series on M&A transactions, Matt Hunsaker breaks down nexus issues that should be on your radar if your company is engaging in an M&A transaction and how you can proactively enter into M&A transactions to clean up your nexus footprint....By: BakerHostetler

Gone are the days when you could blow off state and local taxes in transactions! Erica Svboda and Ryan Gorsche - M&A lawyers in BakerHostetler's M&A Team join Matt Hunsaker in the virtual studio to provide background on how merger and acquisition transactions work and how to address SALT issues....By: BakerHostetler

While the Paycheck Protection Program (PPP), created under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, has provided much-needed relief to small businesses in response to the COVID-19 pandemic in recent months, a buyer contemplating acquiring a target that has received a PPP loan should take time to carefully consider how the target’s PPP loan will affect the transaction in its due diligence, contract negotiation and post-closing stages. Buyers that have claimed or are...By: ...