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The Newfound Attractiveness of European M&A

January 2015 | Skadden's 2015 Insights - Global M&A | Lorenzo Corte, Armand W. Grumberg, Matthias Horbach, Arash Attar-Rezvani

In 2014, Europe registered its highest levels of M&A deal activity since the financial crisis. Compared to 2013, overall European M&A activity climbed 40.5 percent to $901.4 billion (the highest value since 2008).1 Inbound M&A, at $320.6 billion, reached a record high by both deal value...

Global M&A

January 2015 | Skadden's 2015 Insights

The increased M&A activity that began in late 2013 continued to mount last year, bringing deal volume and total transactions to their highest levels since before the global financial crisis. Although the pace of the economic recovery varies significantly from region to region, key drivers of M&A activity remain in place heading into 2015.

Delaware Court of Chancery Decision Clarifies Fiduciary Issues in Insolvent Company Context

January 2015 | Skadden's 2015 Insights - Corporate Restructuring | Mark S. Chehi, John K. Lyons, Ana Lucía Hurtado

The Court of Chancery of Delaware recently issued a noteworthy decision clarifying fiduciary duties and confirming business judgment rule protection for board-level business strategy decisions by directors of insolvent corporations.1 Quadrant Structured Products Company v. Vertin, 102 A.3d 155...

Antitrust and Competition: Surveying Global M&A Enforcement Trends

January 2015 | Skadden's 2015 Insights - Global M&A | Matthew P. Hendrickson, Ingrid Vandenborre, Giorgio Motta, Kenneth B. Schwartz, Charles E. Crandall, Michael B. Singer

US: Continuation of Aggressive Review and Enforcement In 2014, the U.S. Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) further embraced their aggressive approach to merger enforcement. U.S. regulators continued their pursuit to enjoin, and in some...

Insights Conversations: Cartels

January 2015 | Skadden's 2015 Insights - Global Litigation | Warren Feldman, Steven C. Sunshine, Ingrid Vandenborre

With improved coordination among agencies and across borders and the threat of dual criminal and civil enforcement, companies facing cartel investigations must navigate an increasingly complex environment. Skadden partners Warren Feldman, Steven C. Sunshine and Ingrid Vandenborre examine the...

Glazer: A Big Defense Victory, but Everyone Lost

January 2015 | Skadden's 2015 Insights - Global Litigation | John H. Beisner, Jessica D. Miller, Nina R. Rose

The most watched class action of the past year was the Glazer case — a rare occurrence of a consumer class action trial — which resulted in a defense victory. See In re Whirlpool Corp. Front-Loading Washer Prods. Liab. Litig. (Glazer v. Whirlpool Corp.), No. 1:08-wp-65001-CAB (N.D. Ohio...

Overwhelming Majority of Say-on-Pay Proposals Continue to Garner Support

January 2015 | Skadden's 2015 Insights - Governance | Regina Olshan, Erica Schohn

The overall say-on-pay proportions for 2014 are not substantially different from those in prior years, with the overwhelming majority of companies easily getting majority support on say-on-pay proposals. Despite this seeming status quo, some companies have seen shifts in support of up to 30 percent...

Recent Cases Are Likely to Reduce the Use of New York Courts for 'Turnover' Actions

January 2015 | Skadden's 2015 Insights - Global Litigation | Lea Haber Kuck, Timothy G. Nelson

New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement proceedings often falls on third parties, such as financial...

Supreme Court Mandates a Clear Error Standard of Review for Factual Findings Underlying Claim Construction

January 20, 2015 | Skadden, Arps, Slate, Meagher & Flom LLP | Daniel A. DeVito, James J. Elacqua, David W. Hansen, Douglas R. Nemec, P. Anthony Sammi, James F. Brelsford, Stacey L. Cohen, Devin A. Kothari

In a 7-2 decision issued on January 20, 2015, the U.S. Supreme Court, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., held that the Federal Circuit must review factual findings underlying claim construction for clear error, pursuant to Federal Rule of Civil Procedure 52(a)(6). The decision to provide deference to the “evidentiary underpinnings” of district courts’ claim construction rulings makes clear that factual determinations in patent cases should not be treated differently than those in other areas of the law. The ruling also will provide more certainty in instances where a lower court’s claim construction is based, in part, on extrinsic evidence.

Robust Action Dominates Global Government Enforcement Landscape

January 2015 | Skadden's 2015 Insights - Global Litigation | Filipe B. Areno, Gary DiBianco, Bradley A. Klein, Anke C. Sessler, Jocelyn E. Strauber, J. Mathias von Bernuth, Gregoire Bertrou, Matthew Cowie

In the global criminal and regulatory enforcement arena, robust enforcement actions against multinational companies are likely to continue worldwide in 2015. In North and South America, Europe and Asia, with criminal investigations and prosecutions across multiple areas, regulators are working...