In Skanska USA Bldg. Inc. v. M.A.P. Mech. Contractors, Inc., 2020 WL 3527909 (Mich. June 29, 2020), the Michigan Supreme Court addressed whether unintentionally faulty subcontractor work that damages an insured’s work product constitutes an “accident” under a commercial general liability insurance policy. In aligning itself with a growing number of jurisdictions, the Michigan Supreme Court answered, “yes.”...By: Traub Lieberman Straus & Shrewsberry LLP
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On September 3, 2020, the Department of Justice's Antitrust Division (the DOJ) issued its new Merger Remedies Manual (the Manual), which provides the framework the DOJ will utilize going forward to implement relief in mergers reviewed by its attorneys and economists. The DOJ has updated its remedies guidance several times in the past two decades with, at times, significant variation between administrations. The new Manual updates the 2004 Policy Guide to Merger Remedies, which the DOJ updated in...
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Successfully executing an acquisition from stress, distress, or insolvency requires a creative approach to reconcile competing interests....By: Latham & Watkins LLP
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In part 3 of our journey through SALT issues in M&A transactions, Matt Hunsaker highlights a few apportionment, unitary combination, and NOL usage implications that should be on your radar whenever you are involved in a transaction....By: BakerHostetler
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Given the recent tropical systems that have hit Texas including Laura and Beta (who still has not departed), there will undoubtedly be a need for disaster remediation contractors to address some of the damage recently caused. Contractors need to be aware that Texas law governs disaster remediation contractors. Out-of-town contractors performing disaster remediation in Texas need to be aware of Chapter 58 of the Texas Business and Commerce Code and its impact on post-natural disaster...By: Kilpa...
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Thomas H. Lee Partners and Frazier Healthcare Partners have acquired Adare Pharmaceuticals from TPG Capital, according to a news release....By: McGuireWoods LLP
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New infrastructure projects will be an important part of Canada's recovery from the COVID-19 crisis, and many will be situated on the path of reconciliation with Indigenous peoples. Listen to what the evolving legal, policy and business environments mean for engagement with Indigenous communities on investment in infrastructure projects in Canada. Serge Dupont hosts this discussion with Will Osler and Sharon Singh, all of Bennett Jones LLP....By: Bennett Jones LLP
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For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement initiatives in 2020, with the technology sector a primary focus of the Commission's enforcement activity right now....By: White & Case LLP
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The European Commission (EC) has announced that - from mid-2021 - it will start accepting referrals of transactions from EU national competition authorities (NCAs) that fall below the national merger control thresholds. To be referred to the EC, transactions must threaten to significantly affect competition within the territory of the Member State or States making the request. Please see full Publication below for more information....By: Latham & Watkins LLP
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Construction has been deemed an essential industry during this pandemic, but what do employers do when the Coronavirus hits their job site? In this episode of More with McGlinchey, Mag Bickford and Zelma Frederick chat about the interesting intersection of employment law and construction law when Covid is identified on a worksite, from shutdown and testing to compliance, budgeting, and flexibility, and other considerations for owners and contractors....By: McGlinchey Stafford
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