Debevoise & Plimpton LLP is pleased to present our Spring 2025 edition of MarketCheck, a periodic report to help M&A market participants navigate today’s complex dealmaking landscape. Each issue of MarketCheck features insights from senior Debevoise lawyers on economic, regulatory and legal topics related to corporate transactions, with a focus on public companies. If you would like to access prior issues of MarketCheck, please click here.

This edition covers a diverse range of topics including a guest article on rep and warranty insurance, a primer on termination fees, an overview of the recent DGCL amendments, an update on CFIUS and national security issues that affect M&A, discussions of the standard of review for controlled companies seeking to redomesticate outside Delaware and new SEC guidance for M&A sign-and-consent structures and tender offers. We also feature technology and life sciences industry updates, a discussion of the evolving DEI climate, a summary of the Walgreen Boots Alliance take private, and charts showing data on the chosen state of incorporation for recently IPOed U.S. companies, in addition to information on companies that have chosen to redomesticate outside of Delaware in recent years.

The Debevoise M&A Group consistently leads transactions for some of the world’s most prominent corporations, financial services institutions and private equity firms. Debevoise clients receive the hands-on, personal attention of sophisticated M&A partners who have broad experience in public and private M&A and specialize in complex, multifaceted transactions. Intense partner focus, a blend of practice breadth, specialization and teamwork, and a rigorous dedication to quality define the way that Debevoise handles M&A assignments.