Debevoise & Plimpton LLP is pleased to present our Winter 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 an examination of the growing risk of ESG-related M&A disputes amid a fragmented regulatory landscape and ongoing backlash, with practical steps dealmakers can take to mitigate exposure; a discussion of increased shareholder activism targeting large U.S. banks, the regulatory framework in which these campaigns occur, and actions banks can take to reduce exposure to activism; and a practical refresher on SEC, FINRA and Delaware law disclosure requirements governing financial advisors and fairness opinions in public M&A transactions. We also include brief updates on recent Delaware Court of Chancery confirmation that Revlon remains alive and well, as well as an analysis of the federal government’s stake in Intel.

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.