Steven Davidoff Solomon writes for The New York Times, September 18, 2014
We are now in the world of the technical, with no real judicial rules to guide companies and activists. The Allergan bylaw fight will probably be only the first of many until the courts, or perhaps even the Securities and Exchange Commission, pronounce clearer rules.
Steven Davidoff Solomon writes for The New York Times, September 16, 2014
RadioShack could have been Best Buy. It could have been Amazon. It could have become Dell. The paths that RadioShack could have taken are numerous. But instead of choosing one, it chose them all, walking away from its place as a hobbyist’s dream.
Steven Davidoff Solomon writes for The New York Times, September 2, 2014
For the first time, the Supreme Court applied religious protections to companies that were in the business of earning money instead of providing charity, and in doing so, it put a chink in the armor of the Affordable Care Act.
Steven Davidoff Solomon writes for The New York Times, August 26, 2014
The result is that companies have a great incentive to shift anything hinting at legal trouble to their in-house counsel to ensure that it is protected from disclosure. The in-house legal department thus becomes the “cover-up and damage control” arm of the company.
Steven Davidoff Solomon writes for The New York Times, August 21, 2014
Family Dollar appears to view the world as dollar stores with only a few competitors, while Dollar General is trying to make it about convenience stores and the like. And while the success of the deal depends on that, for now Family Dollar sees too much risk.
Steven Davidoff Solomon writes for The New York Times, August 13, 2014
The unsolicited offer by the Cutrale Group and the Safra Group for Chiquita Brands International highlights the problems that tax inversions can create for American companies themselves in their mad dash abroad.
Steven Davidoff Solomon writes for The New York Times, August 5, 2014
The Internet giants are not just conglomerates but also the largest venture capitalists on the block. Not only are they buying early-stage businesses to incubate and grow, they are starting their own businesses outside their original mission.
Steven Davidoff Solomon and Peter J. Henning write for The New York Times, August 1, 2014
Allergan has taken a well-worn route to fight off a takeover bid from Valeant Pharmaceuticals and William A. Ackman’s hedge fund, Pershing Square Capital Management: Sue them.
Steven Davidoff Solomon writes for The New York Times, July 31, 2014
The bargain the two competitors struck is completely in Zillow’s favor. It permits the company to walk away from the transaction if regulators take any step to limit the combined company on antitrust grounds. Not only that, the parties agreed to severely limit what Trulia can do in the operation of its business until the deal closes or is terminated.
Steven Davidoff Solomon writes for The New York Times, July 22, 2014
This test of competition is rooted in notions of how companies competed more than 100 years ago. Even after a merger of Time Warner and 21st Century Fox, there would still be three or four big competitors. Indeed, it may even be that the competition among them for consumers is fierce. This calculus, however, excludes the political and other power that a concentrated industry can wield with government and regulators.