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Archive by tag: White & Case LLPReturn

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The construction and the energy sectors...By: White & Case LLP
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White & Case LLP | May 14,2020 |

Good News is Coming for Wind and Solar Projects: Potential Extension of the Construction Safe Harbor Period is Expected

In a letter addressed to Senator Chuck Grassley, Chairman of the Senate Committee on Finance, Treasury indicates its intention to revise the rules governing the deadline for construction of wind and solar projects to qualify for the production tax...By: White & Case LLP
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White & Case LLP | May 14,2020 |

COVID-19: Following the paths of Spain, and soon Germany, the French Government Further Strengthens Foreign Investments Control

The French Foreign Investments Control regime has recently been reinforced following a reform introduced by Decree n° 2019-1590 of 31 December 2019 and the Ministerial Order of 31 December 2019 relating to foreign investments in France. This reform,...By: White & Case LLP
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White & Case LLP | May 10,2020 |

CFIUS Update: Filing Fees Take Effect May 1

On April 29, 2020, the US Treasury Department published an interim rule establishing fees for parties filing a formal written notice of a transaction for review by the Committee on Foreign Investment in the United States (CFIUS). The new filing fee...By: White & Case LLP
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White & Case LLP | May 01,2020 |

The CMA publishes new guidance on merger control in a time of COVID-19: business as usual?

The CMA has published new guidance on its approach to merger assessments during the Coronavirus pandemic, confirming that it does not intend to change either merger control assessments or deadlines, despite the outbreak....By: White & Case LLP
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White & Case LLP | Apr 29,2020 |

Losing the longstop: High Court decision highlights importance of clearly drafted longstop clauses

In Damoco (Bermuda) Ltd and Others v Atlanta Bidco Ltd, the High Court rejected claims as to the longstop date for accounts needed to calculate a contractual payment. Instead, the Court adopted a much narrower interpretation of the longstop...By: White & Case LLP
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White & Case LLP | Apr 28,2020 |

The FIDIC Yellow Book Subcontract: Opportunities in Asia?

Late last year, the Fédération Internationale Des Ingénieurs-Conseils1 ("FIDIC") launched the First Edition Conditions of Subcontract for Plant and Design-Build (the "Yellow Book Subcontract"). The Yellow Book Subcontract is the first standard form...By: White & Case LLP
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White & Case LLP | Apr 24,2020 |

Most pending US M&A deals are proceeding as agreed, despite COVID-19

We highlight the responses companies are taking in light of the current environment and the arguments some buyers are making to terminate transactions. The COVID-19 pandemic has caused a steep decline in US M&A activity in the first quarter of 2020,...By: White & Case LLP
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White & Case LLP | Apr 21,2020 |

A Re-awakening of the Failing Firm Defence in the EU in the Aftermath of COVID-19?

White & Case LLP argued the last successful fully-fledged "failing firm defence" case in Aegean/Olympic II in 2013. Our lawyers Assimakis Komninos and Jan Jeram, who acted in that case, with the help of Iakovos Sarmas1, published an article on the...By: White & Case LLP
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White & Case LLP | Apr 17,2020 |

Construction contracts: ambiguities in remeasurement provisions

Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations, but it is vital that the...By: White & Case LLP
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White & Case LLP | Apr 09,2020 |
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