Legal News

Divestment activity is poised to increase over previous years as COVID-19 economic conditions put pressure on companies to rebalance operating portfolios. A 2020 EY Global Corporate Divestment Study, released earlier this year, forecasts a sharp rise in divestitures, with 78% of companies saying they plan to divest within the next two years, and 57% saying they plan to divest within the next 12 months......By: Fenwick & West LLP

2020 is a tipping point for construction tech - Bisnow – August 28 - Not so long ago, construction was one of the least digitized industries in the U.S. But with increasing material costs, rising wages, and a labor shortage – all on top of the pandemic – construction firms are increasingly adopting technology at a breakneck pace......By: Allen Matkins

In recent times, energy efficiency has become a key priority for both public and private sector entities. A 2019 study by the International Energy Agency (IEA) showed that energy efficiency is a key resource for economic and social development across all economies. To this end, customers around the world have increasingly enlisted the help of specialist Energy Saving Companies ("ESCOs") to design and implement energy savings measures ("ESMs") at their premises......By: White & Case LLP

On September 3, 2020, the U.S. Department of Justice Antitrust Division released a revised Merger Remedies Manual (“Manual”), providing a modernized framework to structure and implement remedies in merger cases where DOJ determines that the transaction would harm competition. DOJ last updated its merger remedy guidance in 2011, with guidelines that endorsed so-called “conduct” or “behavioral” remedies as an acceptable solution to harm caused by certain mergers......By: Bracewell LLP

The Canadian Securities Administrators recently published amendments to National Instrument 51-102 Continuous Disclosure Requirements (NI 51-102) related to the Business Acquisition Report (BAR) requirements. The amendments are intended to reduce the regulatory burden on reporting issuers that are not venture issuers (i.e., issuers that are listed on the TSX and not the TSXV) by changing the criteria under which an acquisition is considered a significant acquisition....By: Bennett Jones LLP

Summer 2020 was characterized by two significant news items: one in the area of merger control and the other in the area of restrictive practices. ..On 28 August 2020, the French Competition Authority prohibited a merger for the first time since its creation. This transaction involved the takeover of a hypermarket in the Troyes agglomeration and the proposed remedies were not sufficient to address the competition concerns identified by the Authority. ..A little earlier, the French Supreme...By...

In In re USG Corp. S’holder Litig., 2020 WL 5126671 (Del. Ch. Aug. 31, 2020), the Court of Chancery granted the director-defendants’ motions to dismiss post-closing money damages claims arising out of the sale of USG Corporation (“USG”) for less than what USG’s directors allegedly thought was its intrinsic value. Although the failure to disclose such “intrinsic value” prevented dismissal under Corwin v. KKR Financial Holdings, LLC, 125 A.3d 304 (Del. 2015), Vice Chancellor Sam Glasscock I...

The Fed sought to reassure markets for the foreseeable future on Wednesday by announcing that it plans to hold rates at their near-zero mark until into 2023 as it tries to “coax the economy back to full strength after the pandemic-induced recession”....By: Robins Kaplan LLP

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...

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 Barry Ostrowsky, President & CEO, RWJBarnabas Health, 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: “It is...