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Archive by tag: SlateReturn

EU Proposes Controls on Mergers, Market Conduct and Public Contracts To Combat Foreign Subsidies

Summary - The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include......By: Skadden, Arps, Slate, Meagher & Flom LLP
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Diligence Clauses and the Management of Uncertainty in Life Sciences Agreements

In times of uncertainty and disruption, setting expectations for performance with business partners and contractual counterparties can be more complicated than ever. Companies that develop drugs, biologics and medical devices have considerable...By: Skadden, Arps, Slate, Meagher & Flom LLP
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Key Takeaways From Updated DOJ Corporate Compliance Evaluation Guidance

On June 1, 2020, the Criminal Division of the U.S. Department of Justice (DOJ) released updates to its Evaluation of Corporate Compliance Programs guidance (Guidance), last revised in April 2019....By: Skadden, Arps, Slate, Meagher & Flom LLP
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Privacy & Cybersecurity Update - May 2020

In this month's edition of our Privacy & Cybersecurity Update, we examine the Seventh Circuit's ruling finding standing for an Illinois Biometric Information Privacy Act claim, the European Data Protection Board's updated guidance on consent under...By: Skadden, Arps, Slate, Meagher & Flom LLP
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IRS Provides Relief for Renewable Energy Developers Encountering Construction Delays

The Internal Revenue Service (IRS) recently released Notice 2020-41 (the Notice), providing important relief with respect to the beginning-of-construction requirement for the production tax credit (PTC) and the investment tax credit (ITC) for certain...By: Skadden, Arps, Slate, Meagher & Flom LLP
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IPO Costs Are Nondeductible Even When a Corporation Later Goes Private

A corporation may not deduct previously capitalized costs that facilitated an initial public offering (IPO) even when it later ceases to be a publicly traded company, according to an internal memorandum by the Internal Revenue Service (IRS) made...By: Skadden, Arps, Slate, Meagher & Flom LLP
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CFIUS Continues Active 2020 With Proposed Rule Modifying Mandatory Declarations

Since the beginning of 2020, the U.S. Department of the Treasury (Treasury) has issued numerous regulations to implement fully the Foreign Risk Review Modernization Act of 2018 (FIRRMA) on behalf of the Committee on Foreign Investment in the United...By: Skadden, Arps, Slate, Meagher & Flom LLP
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Moss Bros: The Difficulty of Invoking MAC Conditions in UK Public Takeovers

The Takeover Panel (the Panel) has confirmed again in the Moss Bros case how difficult it is for bidders to invoke material adverse change conditions (MACs) and lapse offers in the UK. On 12 March 2020, Brigadier Acquisition Company (a vehicle...By: Skadden, Arps, Slate, Meagher & Flom LLP
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Q&A: Directors’ Delaware Law Questions During the Pandemic

Skadden partner Edward Micheletti, who heads the litigation practice of the firm’s Wilmington office, answers common Delaware law questions facing boards of directors during the COVID-19 crisis....By: Skadden, Arps, Slate, Meagher & Flom LLP
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Checking In With Delaware Courts Amid the COVID-19 Crisis

While Delaware’s “stay at home” order remains in place amid the COVID-19 pandemic, the Delaware Supreme Court and Court of Chancery are still operational, and legal services providers, which are deemed “essential,” may continue to conduct business....By: Skadden, Arps, Slate, Meagher & Flom LLP
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