In this video interview with The Deal magazine, Jeffrey Kaplan, the former head of M&A at Bank of America Merrill Lynch who will soon be the COO of Appaloosa Management LP, reflects on the changes in private equity and M&A over the last 20 years, including globalization. Just as Europe has emerged as a major force of M&A over the last 10 years, emerging markets, such as the BRIC countries, will be the big acquirers and consolidators over the next 10 years, predicts Kaplan. - Vipal Monga
Last year, C&J Energy Services Inc. agreed to combine with a unit of Nabors Industries Ltd. in an inversion transaction that left Nabors shareholders with a slight majority of the combined entity though C&J effectively controlled it. C&J shareholders sued to challenge, and the Delaware Court of Chancery enjoined the deal. The companies appealed won a reversal in the state's Supreme Court. Bill Lafferty, a partner at Morris, Nichols, Arsht & Tunnell LLP in Wilmington who advised Nabors, says that the key lesson of Chief Justice Leo E. Strine Jr.'s opinion is that the Delaware courts will defer to a single-bidder auction process and allow an independent board to rely on a post-signing market check.