Legal News

Six months after the onset of the coronavirus pandemic, many merger and acquisition transactions remain delayed or sidelined. As companies report their Q2 financial results, investors are also focused on opportunities to acquire promising businesses that may face near-term financial and operational challenges, at lower valuations than were available prior to the pandemic......By: Foley & Lardner LLP

As construction companies continue to operate under the stresses of the COVID-19 pandemic and social unrest, projects are starting and stopping as a result. These interrupted schedules, along with our overall disrupted economy, can increase the risk of non-payment. What should you do if there is an arbitration provision in your contract but you want to file a mechanic’s lien to protect your payment rights? First, it is useful to understand the different roles of an arbitration dispute resolutio...

Financial Institutions M&A sector trends: Banks — H1 2020 and outlook for H2 2020. Banks with stronger balance sheets capitalise on M&A opportunities amidst COVID-19 market turmoil, while their weaker peers consolidate to survive....By: White & Case LLP

As the COVID-19 pandemic spread, global M&A value dropped to the lowest half-yearly total since H1 2010. The first six months of 2020 has registered a massive drop in M&A activity. The total value of deals announced in H1—both completed and pending—was US$901.7 billion, 53% below the same period the year before and the lowest half-yearly total since H1 2010. Volume, meanwhile, fell 32% year on year, to 6,943 deals, the lowest half-yearly volume total since H1 2013....By: White & Case LLP

Amidst the COVID-19 pandemic, total buyout volume in the first half of 2020 dropped 23% annually, while value fell 30%—less than half the rate of decline of overall M&A. Private equity buyout activity, especially primary buyouts, remained relatively strong across the first six months of 2020. Against a global M&A landscape which saw H1 volume fall 49% on the previous year and value drop 69% over the same period, PE buyout volume (both primary and secondary) dropped by only 28% to 1,335...By: W...

Everyone has heard the old saying “knowledge is power.”  In Florida, the Public Records Act, Ch. 119, Fla. Stat., is a powerful tool that contractors should use to empower themselves in competitive bid situations. Governments should also proactively provide records to contractors to avoid needless protests......By: Shutts & Bowen LLP

Following a recent Delaware case, buyers in M&A deals should ensure that their purchase agreements adequately provide for access to information from the seller in case of post-closing disputes. In Fortis Advisors, LLC v. Allergan W.C. Holding, Inc., Vice Chancellor Morgan Zurn ruled that if a buyer consents to a single shareholder representative structure in a merger agreement, the buyer cannot later compel the individual selling shareholders’ participation in discovery as parties in interest....

French M&A activity has suffered steep falls because of COVID-19, but green shoots are emerging as lockdown measures ease Although a few large deals in the first quarter helped to cushion French deal value figures for H1 2020, COVID-19 lockdowns have taken a heavy toll on France’s M&A market....By: White & Case LLP

As the COVID-19 pandemic continues, owners and developers find themselves facing the prospect of continued project disruptions. While almost every governmental shutdown order has allowed construction activities to continue as long as safety and health guidelines are followed, COVID-19 cases continue to rise to the highest levels ever seen in various hotspots throughout the country. As a result, owners and developers again face the possibility of project disruption or even project shutdown....By:...

The Delaware courts have not been shy about warning of the dangers that can arise when merger negotiations are handed over to conflicted directors who fail to keep their boards fully informed about their divided loyalties....By: Cadwalader, Wickersham & Taft LLP