Dodd-Frank M&A
How to Read a MAC / MAE Clause
Litigation, M&A Akorn, Inc., v. Fresenius Kabi AG et al will undoubtedly become known as the first case where a Delaware court found a material adverse effect, or MAC (often referred to as a material adverse effect, or MAE), to exist. The opinion also contains a helpful description of how to read an MAE clause. MAE clauses […] Read more →
FTC Speaks to Timing of Consent Orders
M&A The FTC recently spoke about the time it takes review a consent package after FTC staff and the parties formally submit a settlement package to the Director of the Bureau of... Read more →
#MeToo Clauses Being Added to Merger Agreements
Employment, M&A, Public Companies and Securities Some merger agreements are starting to include representations and warranties regarding the absence of allegations of sexual harassment against senior officials. Some examples... Read more →
House Passes JOBS and Investor Confidence Act of 2018
Broker-Dealer, Investment Advisers, M&A, Public Companies and Securities The United States House of Representatives passed the bipartisan JOBS and Investor Confidence Act of 2018, which is often referred to as JOBS Act 3.0. The bill is comprised of 32... Read more →