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Private equity firms achieve only partial dismissal of “buying club” antitrust lawsuit

McDermott Will & Emery
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USA
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April 12 2013

The U.S. District Court for the District of Massachusetts recently limited the scope of a proposed shareholder class action against a number of

Recent case suggests how private equity funds can protect against unfunded pension liabilities of portfolio companies

McDermott Will & Emery
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USA
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November 6 2012

A recent decision by the U.S. District Court of Massachusetts specifically rejects the 2007 Pension Benefit Guaranty Corporation opinion that private equity funds can be a “trade or business” potentially subject to joint and several liability for a portfolio company’s unfunded pension liabilities

Financial advisor conflicts update

McDermott Will & Emery
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USA
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March 2 2012

Recently, the Delaware Court of Chancery has examined financial advisor conflicts in the mergers and acquisitions context and emphasized in various opinions that although financial advisors play a valuable role, disclosure of potential conflicts is crucial

Split within Federal Circuit on preemption in ownership disputes

McDermott Will & Emery
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USA
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April 29 2011

The U.S. Court of Appeals for the Federal Circuit has denied a petition for rehearing en banc of its panel decision in Abraxis Bioscience v. Navinta LLC (see IP Update, Vol. 13, No. 11) regarding the applicable rule of law to apply in patent ownership dispute standing issues

Successor liability in an asset sale: court holds purchaser liable for seller’s delinquent contributions to a multiemployer plan

McDermott Will & Emery
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USA
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April 29 2011

A federal appellate court recently held that a purchaser in an asset sale was liable for a seller's unpaid contributions to a multiemployer plan

“Sunshine is the best disinfectant”: a financial advisory update

McDermott Will & Emery
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USA
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April 14 2011

Since December 2010, the Delaware Court of Chancery has been emphasizing the need for additional disclosures relating to financial advisors in merger and acquisition transactions

Can a Poison Pill provide long-lasting relief?

McDermott Will & Emery
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USA
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February 28 2011

The Delaware Court of Chancery recently ruled in favor of Airgas and the continued enforceability of its Rights Agreement or "Poison Pill."

New signposts and practical pointers for directors in troubled times

McDermott Will & Emery
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USA
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January 8 2010

The current economic distress has put immense pressure on corporate boards of directors to consider and address the financial and operational challenges faced by their companies

Illinois Circuit Court reinforces on financial advisors’ liability under fairness opinions

McDermott Will & Emery
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USA
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February 28 2009

Three recent decisions, taken together, offer valuable guidance to financial advisors for avoiding liability when issuing financial opinions

Illinois circuit court reinforces Seventh Circuit’s limitation on financial advisors’ liability under fairness opinions

McDermott Will & Emery
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USA
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January 28 2009