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Town of East Hampton ZBA Denial of 9.8 Foot Setback Variance for a Patio is Upheld by Appellate Division, Second Department

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit to remain 10.2 feet from the southern property line where 20 feet is required at their property located at 3 Old Station Place, Amagansett....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Oct 27,2020 |

Antitrust M&A Snapshot - October 2020

JULY - SEPTEMBER 2020 UPDATE - UNITED STATES- Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up significantly over Q2, but still down from the mergers & acquisitions (M&A) boom we saw in Q3 and Q4 of 2019. Against the backdrop of a pandemic, we also saw significant developments in the approaches taken by the Federal Trade Commission (FTC) and Department of Justice (DOJ) in.....
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McDermott Will & Emery | Oct 27,2020 |

Delaware Supreme Court Holds that Appraisal Proceeding is not a “Securities Claim”

Reversing the trial court, the Delaware Supreme Court has held that an appraisal proceeding does not constitute a “Securities Claim” under a D&O policy.  In re Solera Insurance Coverage Appeals, Nos. 413,2019 and 418,2019 (Del. Oct. 23, 2020)....By: Wiley Rein LLP
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Wiley Rein LLP | Oct 26,2020 |

Foreign Direct Investment (FDI) control in the United Kingdom

The UK has become one of the latest in a line of countries around the world to tighten FDI screening rules in the context of the COVID-19 pandemic. The legislative changes that were passed recently affect the rules in two respects. They introduce the public health emergency as a new public interest consideration. They also lower the intervention thresholds for transactions in certain sensitive technology sectors. Similarly to other jurisdictions, the measures aim to protect key domestic...By: De...
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Dechert LLP | Oct 26,2020 |

US P2P activity falls, but activity in Europe perseveres

Private equity-backed takeovers of listed companies in Western Europe have enjoyed several strong years, with deal value rising year on year from 2013 to reach a total of US$38.8 billion in 2019. Volume followed a similar territory, demonstrating annual increases every year from 2017 and coming to a total of 19 in 2019....By: White & Case LLP
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White & Case LLP | Oct 26,2020 |

SBA Changes Mentor Protégé Programs and Other Small Business Contracting Rules

WHAT: The U.S. Small Business Administration (SBA) issued a final rule consolidating the 8(a) and All-Small Mentor-Protégé Programs. The rule eliminates the 8(a) version of the program, including its unique requirements and separate review process for 8(a) mentor-protégé agreements....By: Wiley Rein LLP
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Wiley Rein LLP | Oct 26,2020 |

Risk Allocation in Merger Agreements in an Era of Increased Enforcement

Our antitrust practice is pleased to present a new report addressing the prevalence of risk-shifting provisions in merger agreements. As antitrust agencies continue to galvanize enforcement efforts, such provisions have emerged as a critical counterbalance to increased regulatory scrutiny. The firm, working with NERA Economic Consulting, examined over 700 merger agreements from 2004-2019 to construct an empirical analysis of the prevalence of efforts clauses, divestiture and litigation...By: Wil...
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Funds and asset management regulatory news, October 2020 # 4

AIFMD review: European Commission consultation - The European Commission has launched a consultation questionnaire relating to its review of the Alternative Investment Fund Managers Directive (AIFMD)....By: Hogan Lovells
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Hogan Lovells | Oct 26,2020 |

OSHA’s New Guidance on COVID-19 Reporting Obligations

The construction industry is no stranger to reporting regulations when it comes to work-related injuries. Under the general rule, employers must report work-related in-patient hospitalizations that occur within 24 hours of the work-related incident. Further, an employer must report a fatality that occurs within 30 days of the work-related incident. Under what circumstances must an employer report a work-related COVID-19 case and how long does the employer have to report it?...By: Snell & Wilmer
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Snell & Wilmer | Oct 26,2020 |

EPA Final Rule may keep projects at existing major sources from triggering stringent pre-construction permitting requirements

On October 22, 2020, the EPA issued a long-awaited final rule that amends and clarifies the preconstruction review requirements for projects undertaken at major stationary sources under the Clean Air Act (“CAA”), 42 U.S.C. § 7401, et seq. The rule, known as the Project Emissions Accounting Rule, changes when a project triggers the prevention of significant deterioration (“PSD”) program (applicable in areas that have attained the national ambient air quality standards) and the new source revi...
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Thompson Coburn LLP | Oct 26,2020 |
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