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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
- -
- 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
- -
- USA
- -
- 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
No-action clauses in bond issues upheld
- Freshfields Bruckhaus Deringer LLP
- -
- United Kingdom
- -
- January 15 2009
In the English case of Elektrim v Vivendi Holdings 1 2008 EWCA Civ 1178, as part of Vivendi Universal (Vivendi)'s efforts in its dispute with Elektrim over the latter's stake in a Polish telecommunications company, Polska Telefonia Cyfrowa (PTC), Vivendi used a subsidiary, Vivendi Holdings 1 (VH1), to acquire from Everest Capital (Everest) its 8 per cent holding of bonds issued by an Elektrim-established special purpose vehicle (SPV) and guaranteed by Elektrim
Central government guides cross-border investigation and litigation on irregular withdrawals of foreign capital from China
- Hogan Lovells
- -
- China
- -
- January 19 2009
In recent years, some areas in China have witnessed an increase in irregular withdrawals by foreign-invested enterprises
Federal court judge rules joint-bidding private equity funds did not violate antitrust laws
- Reed Smith LLP
- -
- USA
- -
- 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
- -
- USA
- -
- 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
- -
- USA
- -
- 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
Alliance Data Sys. Corp. v. Blackstone Capital Partners V L.P.
- Potter Anderson & Corroon LLP
- -
- USA
- -
- 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
- -
- USA
- -
- January 28 2009
Three recent decisions, taken together, offer valuable guidance to financial advisors for avoiding liability when issuing financial opinions
Stay of proceedings
- Reed Smith LLP
- -
- United Kingdom
- -
- February 29 2008
In Curtis and another v Lockheed Martin UK Holdings Ltd Butterworths Law Direct 20.2.08 the Claimants sold shares in a company to the Defendant
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