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Interim Guidance on Stock Buyback Excise Tax Confirms Broad Application to M&A and Capital Market Transactions

Cooley M&A

The Inflation Reduction Act imposes a 1% excise tax on certain repurchases of stock of publicly traded US corporations (“Covered Corporations”) effected after December 31, 2022 (the “Excise Tax”). [1] This post highlights key guidance from the Notice as it relates to common M&A and capital market transactions.

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Do middle-market businesses need an ESG strategy?

Focus Investment Banking

ESG isn’t just a matter for large, publicly traded companies. While many people see this as merely “doing the right thing,” there is also often an economic payoff. This is particularly true if your partners are publicly traded or foreign-owned. It’s increasingly becoming a must for small and medium-sized businesses.

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A welcome freedom, temporary measure or futile task?: The industry reacts to the UK’s new research proposal

The TRADE

In the current market and economic climate most asset managers aren’t keen to try out that message in the short-term, but it’s definitely possible that the situation could evolve as we move through the cycle.”

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Cooley’s 2022 Life Sciences M&A Year in Review

Cooley M&A

Will 2023 see a resurgence of traditional public M&A deals or will macro factors and the looming threat of regulatory review continue to push biotechnology companies down creative paths? It’s a more challenging market environment right now than we’ve seen in many years,” said Charlie Kim , who co-chairs Cooley’s capital markets practice.

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Cooley’s 2020 Tech M&A Year in Review

Cooley M&A

While the decision was case-specific, we were all reminded of (i) the high bar of the MAE, particularly when changes are attributable to a systemic risk and (ii) the increasingly important role that covenants play with respect to deal certainty, particularly in periods of market and economic uncertainty. Buyer…Seller…PPP Lender?

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Cooley’s 2021 Life Sciences M&A Year in Review

Cooley M&A

19 treatments from Pfizer, Merck and potentially others hitting the market soon , we expect Big Pharma to continue to parlay this cash flow into growth in other areas of strategic focus. adjusted market opportunity for a potential new use. These players have looked further afield to add new capabilities and pipeline assets.

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