Mergers & Acquisitions

Antitrust & Competition

E. William Bates, II, Michael J. Egan, Rahul Patel | King & Spalding LLP

On September 30, 2011, Vice Chancellor Noble issued an opinion in In re OPENLANE, Inc. Shareholders Litigation[1] that reiterated the permissibility of using a “sign and consent” structure for obtaining stockholder approval of a merger. The OPENLANE decision is also noteworthy as Vice...

Antitrust & Competition

Alan R. Kusinitz | Weil, Gotshal & Manges LLP

In Minn-Chem Incorporated v Agrium Incorporated,1 the Seventh Circuit held that a class action alleging an offshore conspiracy to raise the price of potash should have been dismissed because the conduct complained of was either exempt under the Foreign Trade Antitrust Improvements Act (FTAIA)2 or...

Technology

David J. Laing | Baker & McKenzie LLP

Editor: Please describe your background and practice areas. Laing: After graduation from law school, I joined the Antitrust Division of the Department of Justice, where I investigated, litigated and prosecuted antitrust cases. I then moved to Baker & McKenzie doing the same type...