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Keep your hands off my privilege! Delaware revisits privileged communications in private M&A transactions

USA - June 3 2019 In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery...

Alan S. Goudiss, Scott Petepiece, Richard C. Fischetti.

CFIUS update: Regulations require mandatory filings for certain critical technologies; process of identifying emerging technologies begins

USA - January 25 2019 When it was enacted in August 2018, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) overhauled the US law governing CFIUS...

Scott Petepiece, Robert S. LaRussa, Lisa S. Raisner.

M&A Watch: Delaware Resolves Ambiguity Involving Take-Private Transactions

USA - October 19 2018 In its recent decision in Arthur Flood v. Synutra International, Inc., et al., No. 101, 2018 opinion (Del. Oct. 9, 2018), the Delaware Supreme Court...

Alan S. Goudiss, Scott Petepiece, Richard C. Fischetti, Robert Katz.

M&A Watch: How Do You Get a Big “MAC” in Delaware

USA - October 5 2018 In a recent high-profile decision, the Delaware Court of Chancery excused a buyer from its obligation to purchase a public company target on the basis...

Scott Petepiece, Richard C. Fischetti, Robert Katz, Daniel Litowitz.

Shareholder Activism: Will 2018 Be a Record-breaking Year for Activism?

USA - September 27 2018 Driven by the momentum of a robust year in 2017, shareholder activism reached record highs in the first half of 2018. Globally, 610 companies were...

Scott Petepiece, Richard C. Fischetti.