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Negotiating Transition Services Agreements in Carve-Out M&A Deals

JD Supra: Mergers

By: Mayer Brown

M&A 169
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Liquidnet launches new futures rolls negotiation tool

The TRADE

The new tool will facilitate the bilateral negotiation of blocks at mid prices in fixed income and equity index calendar rolls. According to the firm, its experience will help bring greater structure to the bilateral negotiation process, ensuring best execution with minimal information leakage.

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Negotiating with a Noob M&A Target? Go Easy on Them, says Delaware Chancery

JD Supra: Mergers

Buy-side executives in an M&A deal negotiate with their sell-side counterparts for months, plying them for information, assessing the seller’s weaknesses and pressure points, and even making informal entreaties when the parties’ standstill agreement says they shouldn’t —all to get the best deal for the acquirer.

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The Importance of Due Diligence in M&A Transactions

JD Supra: Mergers

It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure compliance, plan for integration, and set the stage for a successful and value-enhancing merger or acquisition. In any merger or acquisition, the due diligence stage is one of the most critical steps.

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Corporate Transparency Act Risks for Startups and Venture-Backed Companies

JD Supra: Mergers

Starting January 1, 2024, virtually all private companies will be required to report information about their beneficial owners to the Treasury Department’s Financial Crimes Enforcement Network “FinCEN”) under the Corporate Transparency Act (the “CTA”).

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FTC Issues Final Rule Overhauling and Increasing the Burden of HSR Filings

JD Supra: Mergers

After what is described as “intense negotiations” among the commissioners, the Federal Trade Commission (FTC) has unanimously approved a substantial overhaul to the rules governing the documents and information that must be submitted as part of the parties’ premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements (HSR) Act.

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Delaware Supreme Court Holds That Boards Must Satisfy the MFW Framework in Controller Transactions to Obtain Business Judgment Deference

JD Supra: Mergers

By: Goodwin