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Federal court dismisses antitrust suit alleging unlawful joint bidding arrangements among private equity firms

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 29 2008

A federal district court judge in the Western District of Washington recently dismissed an antitrust class action suit alleging that two private equity funds had unlawfully conspired in their bid to acquire WatchGuard Technologies (“WatchGuard”), a publicly traded company

Courts uphold sales of Wachovia and Bear Stearns: what the financial crisis has brought together, let no judge put asunder

Fried Frank Harris Shriver & Jacobson LLP
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USA
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January 9 2009

Not surprisingly, no court considering any of the recent sales of major financial institutions impelled by the credit crisis has been critical of these transactions

Federal court judge rules joint-bidding private equity funds did not violate antitrust laws

Reed Smith LLP
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USA
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February 28 2008

In a case of first impression, a federal district court found that an agreement by two private equity funds to bid jointly for the acquisition of a publicly traded company, after initially submitting separate bids, did not violate federal antitrust laws

Delaware court refuses to stay stockholder challenge to Topps buyout, notwithstanding identical suit previously filed in New York

Potter Anderson & Corroon LLP
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USA
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May 31 2007

In a May 9, 2007 decision authored by Vice Chancellor Strine in In re: The Topps Company Shareholders Litigation, the Delaware Court of Chancery explained that the recent wave of going-private transactions, involving private equity buyers who intend to retain a target’s existing management, has given rise to important and novel issues under Delaware corporate law that are best determined by Delaware courts

Federal court rules that combined bid by private equity funds is not illegal under the antitrust laws

Bryan Cave LLP
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USA
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February 28 2008

On February 21, 2008, the federal district court for the Western District of Washington found that the practice of combining bids for corporate control does not violate the Sherman Act

Private equity deal structure upheld in Delaware

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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January 23 2009

The Delaware Chancery Court’s recent ADS v. Blackstone Capital Partners decision is a clear statement of support for the effectiveness, where the contracts are drafted unambiguously, of the established private equity deal structure of using a separate acquisition subsidiary, a reverse termination fee and a limited private equity fund guarantee of the fee, specifically to protect the broader private equity group from overexposure to any one deal

Alliance Data Sys. Corp. v. Blackstone Capital Partners V L.P.

Potter Anderson & Corroon LLP
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USA
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January 15 2009

Plaintiff Alliance Data Systems (“ADS”) sued each of Aladdin Solutions (“Aladdin”) and Blackstone Capital Partners V L.P. (“BCP V”) for breach of a May 2007 merger agreement and enforcement of the $170 million termination fee provided for therein in connection with the failed acquisition of ADS by Aladdin

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

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

Seventh Circuit limits duties of fairness opinion provider to scope of engagement letter

Squire Sanders
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USA
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February 29 2008

Last week, the US Seventh Circuit Court of Appeals issued its opinion in The HA2003 Liquidating Trust v. Credit Suisse Securities (USA) LLC, a case arising out of the bankruptcy of HA-LO Industries, a manufacturer and marketer of promotional products that sought bankruptcy protection in July 2001 after a disastrous attempt to expand into e-commerce via the acquisition of Starbelly.com, a pre-revenue dot-com startup for which HA-LO paid US$240 million

In re Wm Wrigley Jr Co S’holders Litigation

Potter Anderson & Corroon LLP
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USA
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January 22 2009

In this case, Vice Chancellor Lamb approved a settlement effecting changes to a merger agreement between the Wm. Wrigley Jr. Company and Mars, Inc

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Search results

Federal court dismisses antitrust suit alleging unlawful joint bidding arrangements among private equity firms

Courts uphold sales of Wachovia and Bear Stearns: what the financial crisis has brought together, let no judge put asunder

Federal court judge rules joint-bidding private equity funds did not violate antitrust laws

Delaware court refuses to stay stockholder challenge to Topps buyout, notwithstanding identical suit previously filed in New York

Federal court rules that combined bid by private equity funds is not illegal under the antitrust laws

Private equity deal structure upheld in Delaware

Alliance Data Sys. Corp. v. Blackstone Capital Partners V L.P.

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

Seventh Circuit limits duties of fairness opinion provider to scope of engagement letter

In re Wm Wrigley Jr Co S’holders Litigation

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