Legal News

The Biden Administration’s initial efforts include actions and goals designed to benefit the construction industry, either through Executive Orders or proposed legislative relief packages. Here is a summary of key announcements....By: Arent Fox

In early December, the United States District Court for the Southern District of New York denied, in part, a motion to dismiss claims of breach of fiduciary duty and recovery of fraudulent conveyances brought against former directors and officers of the Jones Group in connection with its “going private” leveraged buyout by private equity firm Sycamore Partners Management, L.P. (“Sycamore”) in 2014 (the “Transaction”). In re Nine West LBO Sec. Litig., No. 1:20-cv-04262-JSR (S.D.N.Y. Dec. 4,...

SPAC transactions present an opportunity for accelerated growth in the AgTech industry, especially in capital-intensive businesses. On Tuesday, September 29, 2020, AppHarvest, a Kentucky-based indoor farming startup, announced that it would go public through a reverse merger with Novus Capital Corporation, a publicly traded special purpose acquisition company (SPAC) listed on the Nasdaq....By: Arent Fox

For several weeks, parties to pending merger and sale transactions involving Paycheck Protection Program (PPP) loans have been asking what will happen to PPP loan forgiveness applications if a borrower sells its business prior to receiving confirmation of forgiveness; a process that has barely started for most borrowers and that can last up to 150 days....By: Arent Fox

Now is the time to review your internal contracts, procedures, marketing materials, and policies and prepare your company to capitalize on the next opportunity. With the international supply chain disrupted because of COVID-19, economic uncertainty has led many companies to halt all M&A activity......By: Arent Fox

The US Department of Justice and the Federal Trade Commission recently issued an updated set of guidelines for “vertical mergers,” or mergers between companies at different levels of the supply or distribution chain. The guidelines reflect the first update in nearly 40 years and largely reflect updates to existing case law and enforcement patterns, but they provide an instructive framework for managing antitrust risks related to vertical mergers, which also applies to other activities like......

Earlier this week, the US Department of Justice published updated guidance on how it evaluates corporate compliance programs when conducting investigations, making charging decisions, and negotiating pleas or other agreements. The document, entitled...By: Arent Fox

Governor Cuomo directed the Empire State Development Corporation (ESD) on March 27, 2020 to update New York State’s Guidance for various businesses, including construction, under the Governor’s New York State on “PAUSE” Executive Orders (EO 202.6 and...By: Arent Fox

As cases of COVID-19 continue to increase across the country, uncertainty in the construction industry about projects, including potential project risks, proliferates. This Alert summarizes key questions project participants are facing......By: Arent Fox

Stay at home orders. Social distancing measures. We talked with Mark Bloom and Andrew Ross about the impact state and local orders are having on the construction industry. The top question on everyone's mind: can projects move forward right now?...By: Arent Fox