Debevoise & Plimpton LLP is pleased to present our fall 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.

In our Public M&A Playbook, we offer practical guidance on preparing the “Background of the Merger” section of merger proxy statements, including tips for documenting the transaction process and avoiding common disclosure pitfalls. This edition also examines the antitrust risks associated with algorithmic, dynamic, and surveillance pricing; emerging mass tort litigation against technology companies; and a recent Delaware decision dismissing Caremark claims against Boeing. Additional features include a guest article from Houlihan Lokey exploring opportunities to monetize tax receivable agreements, a Banker’s Corner discussing a financial advisor’s management and disclosure of conflicts, updates on the first significant ruling interpreting amended Section 144 of the Delaware General Corporation Law, as well as the implications of AI content watermarking for public companies.

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.