November 2, 2012

Acquirers Beware! New Expedited Acquisition Method Could Violate the ’34 Act

In “The Securities Edge Blog,” Gunster’s Gus Schmidt writes about how when the private equity firm 3G Capital took Burger King private in 2010, it used an innovative “dual-track” acquisition structure to minimize the amount of time to consummate the acquisition. This involved 3G simultaneously pursuing both a friendly tender offer to Burger King shareholders as well as a traditional merger that would need to be approved by shareholders at a special meeting. Since the Burger King deal, nearly 20 other companies have used this structure. Read the blog for more…