Construction Projects In The (Not Quite Yet) Post-Pandemic World

The beginning of 2021 should have marked the dawn of a new era. As the clocks turned past midnight, there was a collective sigh of relief from the world. 2020 was over and life would begin to return to normal. Sadly, the beginning of 2021 looks set to provide more of the same......By: Vinson & Elkins LLP
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Vinson & Elkins LLP | Feb 09,2021 |

[Webinar] The Government Construction Contract Transition: Making the Plunge from Commercial to Government Work - February 18th, 2:00 pm ET

Given the slowdown of construction activity, there is an inevitable uptick in government contract activity. Contractors who are entering into the government contract arena need to know the complex rules and regulations in order to operate profitably. This webinar will address these issues, including: - Understanding the main benefits (including payment security) of federal contracting - Recognizing the potholes (including the False Claims Act) of federal contracting - Realizing the...By: Ca...
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Carlton Fields | Feb 09,2021 |

FTC and DOJ Suspend Early Termination Option for Hart-Scott-Rodino Filings; FTC Decreases Thresholds for Interlocking Directorates Under Clayton Act

The Federal Trade Commission (FTC) announced a new temporary suspension of grants of early termination for Hart-Scott-Rodino (HSR) waiting periods, effective February 4, 2021, while the FTC and the Department of Justice Antitrust Division (DOJ) review the “processes and procedures” used in granting early terminations. In announcing its decision to suspend early terminations, the FTC cited the unprecedented volume of premerger notification filings coinciding with the transition to the new Biden...
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Grants of early termination of HSR waiting period temporarily suspended by DOJ and FTC – merging parties should expect to wait the full 30 days until further announcement

For further information, please visit the White & Case Coronavirus Resource Center. The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") announced today that they are temporarily suspending any grants of early termination under the Hart-Scott-Rodino Act ("HSR Act").  The HSR Act is the federal premerger notification program, which requires parties to notify the FTC and…The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") announced today that they are...By: Wh...
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White & Case LLP | Feb 09,2021 |

Chancery Rules on Equitable Fee Shifting and Indemnity Provisions in Support of Fee Shifting

On December 31, 2020, Vice Chancellor Glasscock issued an opinion regarding what he called a “novel issue” arising from cross motions for fees. The motions were supported by a contractual prevailing party fee provision which also provided for an equitable award where a party prevailed in part and lost in part. The case, Great Hill Equity Partners IV v. SIG Growth Equity Fund I, LLLP, CA No. 7906-VCG (Del. Ch. 2020) was hard fought, lengthy, costly, and yielded very little for the parties. Vice...
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Snell & Wilmer | Feb 09,2021 |

5 things you need to know about … ESG developments

One - Latest data from the Investment Association has shown investors plunged nearly four times the amount of cash into responsible investment funds in 2020 than they did in 2019. Responsible investment funds saw net flows of £7.1bn in the nine months to September – around 275 per cent more than the £1.9bn measured in the first three quarters of 2019....By: White & Case LLP
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White & Case LLP | Feb 09,2021 |

Senate Democrat Introduces Sweeping Antitrust Legislation

On Thursday, February 4, Senator Amy Klobuchar (D-MN), Chair of the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights, announced the introduction of a sweeping antitrust reform bill to set the stage for her tenure as one of the top senators in the antitrust arena in the 117th Congress. The bill, the Competition and Antitrust Law Enforcement Reform Act (CALERA), is broader and more ambitious than the collective bills the Chairwoman introduced in the....
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HSR Thresholds Revised (and Lowered) and Early Terminations Suspended Pending Review

On February 1, 2021, the Federal Trade Commission (FTC) announced revised notification thresholds for determining whether companies or other entities are required to provide notice to the federal antitrust agencies about a proposed transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). If a proposed merger; acquisition of stock, assets or unincorporated interests; joint venture; exclusive licensing arrangement; or other type of business transaction...By...
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Manatt, Phelps & Phillips, LLP | Feb 09,2021 |

Build-To-Rent and Planned Communities: Making the Perfect Match

“Build-to-Rent” (B2R) product, meaning the construction of homes in a defined community intended to be leased, as opposed to sold, has become a more frequent sub-product within master planned communities. B2R product is similar to a typical multi-family apartment complex in that a single development owner constructs, owns, operates and maintains multiple dwellings which are then leased to residents....By: Winstead PC
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Winstead PC | Feb 09,2021 |

FTC Temporarily Suspends Early Terminations

The FTC and DOJ announced today the temporary suspension of the practice of granting “early termination” of the HSR waiting period. In other words, for the time being, you should assume that any reportable transaction will require the full 30-day waiting period (shorter in all-cash tender offers)....By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Feb 09,2021 |
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