Another slow week (or two, but who’s counting?) on the blog posting front. Tweets are more resistant to mid-summer doldrums, as evidenced by the following:
Simpson Thacher survey of recent public M&A deals finds that the dichotomy between PE and strategic buyers is disappearing: optionality for all? Maybe not: the DealProf discusses the recent BankRate deal here, suggesting it may be a new model for PE deals by stripping out acquirer’s optionality. The BankRate deal docs are available here.
Ouch! Executive pays $1.4m HSR fine after his counsel relies on PNO interpretations without calling PNO to confirm they are current. K&L Gates reminds us of the need to talk to the PNO. This may say more about the quality of the PNO’s published interpretations than it does about the quality of the counseling.
Skadden’s Peter Atkins offers an excellent overview of the corporate governance forest, asks the difficult questions. In doing so he avoids the Wachtellian hysterical hyperbolism that so often clouds this debate.
S&S on the “Cuban Missive Crisis”. I am a sucker for a clever title.
The SEC cracks down on a $197m fraud, in the process raising the question of whether an investor can reasonably expect anything other than fraud when investing in a company called Radical Bunny LLC.