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Double Take: Court Finds That Contractor Waived Owner’s Past (But Not Future) Payment Obligation Failures

In Wickersham Construction and Engineering, Inc. v. The Town of Sudlersville, Maryland (Sept. 22, 2020), the United States District Court for the District of Maryland held that a construction contractor had waived certain payment obligations by accepting late payments without, but that it did not waive the same payment obligations with respect to future payments. Stick with me … there’s more....By: Burr & Forman
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Burr & Forman | Sep 25,2020 |

Department of Justice’s Revised Merger Remedies Manual Reflects Preference for Divestitures

On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division released a revised Merger Remedies Manual. This revised manual is the culmination of a review by the Antitrust Division of its entire approach to merger remedies that started two years ago. In 2018, the Antitrust Division withdrew its previous guidance on merger remedies from 2011 and reinstated its 2004 Policy Guide to Merger Remedies. The 2011 guidance had eliminated the Antitrust Division’s absolute preference f...
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Foley Hoag LLP | Sep 25,2020 |

Alert: Review of EU Competition Rules on Vertical Agreements

European Commission publishes findings of its evaluation of EU competition rules on vertical agreements - On September 8, the European Commission (EC) published a Staff Working Document summarising the findings of its evaluation of the Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines (Guidelines)....By: Cooley LLP
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Cooley LLP | Sep 24,2020 |

SEC Staff Guidance on SPACs

Given the proliferation of SPAC IPOs (about which we have previously posted) and de-SPACing transactions, and the complexity of the SEC rules related to former shell companies, like SPACs, it is no surprise that practitioners have encountered difficulties in navigating a number of the applicable rules....By: Mayer Brown Free Writings + Perspectives
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[Webinar] Strategies for Dealing with Claims – Insurance and Bonds - October 8th, 12:00 pm - 12:50 pm EST

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract language, best practices for project documentation, the risks of unforseen site conditions, delays and lost productivity claims, and the design professional's standard of care - Strategies to address damage and claims - Tools to analyze, prepare for, and defend against claims for...
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Bricker & Eckler LLP | Sep 24,2020 |

Financial Daily Dose 9.24.2020 | Top Story: JPMorgan Nears $1B Settlement Over Alleged Spoofing

JPMorgan is preparing to finalize a deal with federal prosecutors and regulators in which the bank would pay nearly $1 billion to “settle civil and criminal charges that its traders rigged futures and securities markets” through alleged spoofing....By: Robins Kaplan LLP
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Robins Kaplan LLP | Sep 24,2020 |

[Video] Carsten Beith on The Future of Health Care: Health Care Delivery and Consolidation Trends in 2020 and Beyond - Diagnosing Health Care Podcast

This episode is part of a special podcast series discussing “The Future of Health Care: Health Care Delivery and Consolidation Trends in 2020 and Beyond.” Join attorney Gary Herschman as he speaks with Carsten Beith, Managing Director, Cain Brothers, about how health care delivery will change in the years to come and how these changes will impact acquisition and development strategies and future consolidation trends moving forward. Here’s a preview of some of what you’ll hear: “Reducing ...
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Epstein Becker & Green | Sep 24,2020 |

Proposed HSR Rule Changes Likely to Increase Filings and Information Requirements for Private Equity Firms

What Happened: - The FTC and DOJ proposed new Hart–Scott–Rodino (HSR) rules that, if issued in final form, will significantly change HSR practice for Private Equity (PE) companies. - The Proposed Rules are subject to comment for 60 days after they are published in the Code of Federal Regulations (CFR) and will not go into effect until after that comment period, when they could be issued as proposed, modified, or simply not issued......By: McDermott Will & Emery
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McDermott Will & Emery | Sep 24,2020 |

Employer’s right to damages during defects notification period

In a recent case the Singapore Court of Appeal upheld a decision that an employer may recover damages for rectifying defects even when it has not given the contractor the opportunity of doing so during the defects notification period......By: White & Case LLP
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White & Case LLP | Sep 24,2020 |

Treasury Department Issues Final Rule for Mandatory CFIUS Filing Requirements Based on ‘Critical Technology’

On September 15, 2020, the Treasury Department issued final regulations that define when it is mandatory to file with the Committee on Foreign Investment in the United States (CFIUS). This final rule builds on regulations that were originally proposed in May 2020 (described in a previous Skadden client alert). The final rule, which goes into effect on October 15, 2020, retains the overall structure and essential features of the earlier proposal — in particular, it incorporates an export...By: S...
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