Do Reps and Warranties Insurers Pay Claims? Yes–With Caveats, New Survey Finds- During the last decade, intense deal activity spurred the growth of R&W insurance–an alternative risk-transfer mechanism to indemnify buyers for breaches stemming from a seller’s misrepresentations in acquisition agreements......By: Lowenstein Sandler LLP
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One of the biggest risks contractors and subcontractors face on construction projects is liability for consequential damages, although many of them may not even know about that risk, much less understand it. Consequential damages are damages which flow indirectly from a breach of contract and are typically related to delays in performance and delays in completion of a project....By: Nexsen Pruet, PLLC
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Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I visit with Jed Gardner, Senior Vice President at Linedata Technology. We discuss moving from disaster recovery to business continuity to business as usual during the time of Coronavirus. Some of the highlights include: Have you changed your training methods? If not, how should you do so. What technological innovations have you put in place? Are you engaged in reactive or proactive.....
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In this episode of Trekking Through Compliance, we consider the episode The Lights of Zetar which aired on January 31, 1969, Star Date 5725.3. Fun Fact Although this episode has received withering criticism for sexism, another viewpoint comes from Linda Winn, who dedicated an entire blog to Defending The Lights of Zetar. Winn sees a beautiful love story between an older man, who has only lived for his work who has finally fallen head over heels in love with a younger woman, Lt. Romaine. Winn....
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In Hinterberger v. City of Indianapolis, the Seventh Circuit recently reminded litigants of their unyielding obligation to follow local rules. Hinterberger, --- F.3d ---, No. 19-3365, 2020 WL 3980690 (7th Cir. 2020). In that case, a real-estate developer (the “Developer”) brought eight claims, including constitutional claims, in the Southern District of Indiana against the City of Indianapolis (the “City”) and others arising from a failed development project in Indianapolis’s midtown area.....
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On August 5, 2020, Governor Brian Kemp signed Georgia Senate Bill 315 into law. This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way Georgia interprets statutory interim and final lien waivers....By: Troutman Pepper
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At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics). The purchase placed the valuation of the Kylie Cosmetics at $1.2 billion. Drama soon followed the acquisition as reports questioning Ms. Jenner’s net worth (and consequently, the value of her cosmetics empire) surfaced in May 2020, overshadowing Coty’s launch of the Kyli...
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I recently had the opportunity to visit with Michele Edwards, Partner at StoneTurn, to consider some of the impacts on corporate compliance programs from the recently released 2020 Update to the Department of Justice’s (DOJ) Evaluation of Corporate Compliance Programs (2020 Update). Edwards had one of the most interesting and basic insights for a compliance professional. She is a CPA by professional training and came at the requirements laid out in the 2020 Update from a quantitative...By: Tho...
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What’s the Deal? Special purpose acquisition companies (“SPACs”), commonly referred to as “blank check companies,” are public shell companies that use their initial public offering (“IPO”) proceeds in order to acquire private companies within a specific timeframe (this acquisition is commonly referred to as an “initial business combination” and the merger or combination transaction is often referred to as the “de-SPACing transaction”). Although SPACs have existed for decades, merging...
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Introduction - The COVID virus has ushered in unprecedented and challenging times for our country and the global community. From the deeply personal pain and suffering caused by the virus as a health pandemic to behavioral adjustments in the consumer population at large (“social distancing,” etc.), to every day, but very real, burdens created by business closures and shelter in place orders, the full force and impact of the virus on our society won’t be known for a long time....By: Goulston ...
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