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Scrutiny of U.S. Defense Contractor-Related M&A Activities Will Soon Intensify

JD Supra: Mergers

defense contractors, and entities interested in acquiring these contractors, should prepare for increased regulatory scrutiny of mergers and acquisitions (M&A) transactions. Congress is signaling that it will push for more oversight of M&A activities that specifically involve and affect the defense industrial base (DIB).

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What Is the Contemporaneous Exchange Defense to a Preference Action?

JD Supra: Mergers

The Bankruptcy Code provides several affirmative defenses to assist creditors in mitigating or eliminating their preference exposure. One such affirmative defense is the contemporaneous exchange defense. This article addresses the key issues when asserting the contemporaneous exchange defense in a bankruptcy case.

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Capital Markets Tribunal Keeps High Bar to Establish Improper Defensive Private Placement

JD Supra: Mergers

Mithaq asserted that the private placement was conducted as an improper defensive tactic under National Policy 62-202—Take-Over Bids—Defensive Tactics of the Canadian Securities Administrators and was designed to thwart Mithaq’s then-recently. Aimia) completed in October 2023. By: Bennett Jones LLP

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GAO Assesses Health of the Defense Industrial Base

JD Supra: Mergers

The health of the Defense Industrial Base (DIB) has been brought to the fore as the United States responds to wars in Ukraine and Israel. Unfortunately, according to the National Defense Industrial Association’s “Vital Signs” report, the U.S.

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Notable Provisions Of The FY 2024 National Defense Authorization Act

JD Supra: Mergers

On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month.

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What Contractors Need to Know About DOD’s National Defense Industrial Strategy

JD Supra: Mergers

Department of Defense (DOD) published its National Defense Industrial Strategy (NDIS).

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Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

JD Supra: Mergers

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are notified to the US antitrust authorities. By: WilmerHale

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