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DOJ Issues Merger Remedies Manual – Structural Remedies “Strongly Preferred”

On September 3, 2020, the Department of Justice Antitrust Division (DOJ) released a Merger Remedies Manual, updating its 2004 Policy Guide to Merger Remedies. (DOJ’s 2011 Policy Guide to Merger Remedies was withdrawn by DOJ in 2018.) As noted in the Manual and DOJ’s concurrent Press Release, a primary theme is that “structural remedies are strongly preferred in horizontal and vertical merger cases because they are clean and certain, effective, and avoid ongoing government regulation of the......
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Foley & Lardner LLP | Sep 11,2020 |

Straightening Their Tenant’s Ties: Retail Property Owners Are Buying Distressed Retailers Out of Bankruptcy

Since the early days of the COVID-19 crisis in the U.S., it has been a recurring theme to turn on the news and see that yet another big-name retailer is rumored to be on the brink of filing, or has already filed, for bankruptcy....By: Goulston & Storrs PC
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Goulston & Storrs PC | Sep 11,2020 |

DOJ Antitrust Division Issues New Guidance on Merger Remedies

On September 3, 2020, the U.S. Department of Justice’s Antitrust Division (“DOJ”) issued a new Merger Remedies Manual (“Manual”). This is the first merger remedies guidance from DOJ since it released the 2011 Policy Guide to Merger Remedies, which it subsequently withdrew on September 25, 2018. As a result of DOJ’s repeal of the 2011 Guidelines, the 2004 Guidelines were reinstated and once again became effective. The Manual describes the principles and framework DOJ uses to analyze, struct...
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Weil, Gotshal & Manges LLP | Sep 11,2020 |

No Third-Party Beneficiary Clauses and the “Ever-Evolving Contractual Arms Race”

Buried bow first in the ocean floor, off the coast of Lebanon, with its stern pointing straight up, lies the wreck of the HMS Victoria. On June 22, 1893, the HMS Victoria was accidentally struck below the water line by the ramming bow of the HMS Camperdown. Within minutes of the collision, 357 members of its…...By: Weil, Gotshal & Manges LLP
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Weil, Gotshal & Manges LLP | Sep 11,2020 |

[Webinar] Developing and Financing Offshore Wind: Challenges and Opportunities - September 17th, 12:30 pm - 1:00 pm EDT

On September 17, McDermott will host James McGinnis, managing director at PJ Solomon, and Salvo Vitale, country manager at US Wind, for an interactive discussion on the US offshore wind market....By: McDermott Will & Emery
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McDermott Will & Emery | Sep 11,2020 |

Transferring Personally Identifiable Information in Bankruptcy M&A - Part 2

With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may be a valuable asset?...By: Weil, Gotshal & Manges LLP
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Weil, Gotshal & Manges LLP | Sep 10,2020 |

Takeover Monitor: Current German Public Tender Offers Under The German Securities Acquisition And Takeover Act

Public tender offers under the German Securities Acquisition and Takeover Act: Offers, results and analyses - Following the lapse of the takeover offer to the shareholders of QIAGEN B.V. caused by the failure to meet the reduced minimum acceptance condition at the end of the extended acceptance period and the completion of the mandatory offer to the shareholders of Vita 34 AG, there are presently no ongoing offer proceedings to report. Please see full Publication below for more information......
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Morgan Lewis | Sep 10,2020 |

Zoning and Land Use: Turning the World Right-Side Up Again

This summer has brought two appellate court decisions that should help alleviate growing concern in the development community that the New York courts are overly receptive to community-based challenges to new development in residential neighborhoods....By: Kramer Levin Naftalis & Frankel LLP
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Justice Department Revises Merger Remedies Guidelines

What happened? On September 3, 2020, the Department of Justice (“DOJ”) issued a revised Merger Remedies Manual, which sets forth the Division’s framework for implementing remedies to resolve antitrust concerns in merger cases. The new manual updates DOJ’s guidelines for merger remedies for the first time in nearly a decade and reaffirms the Division’s strong preference for structural relief....By: Cadwalader, Wickersham & Taft LLP
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ESG Disclosures: Lessons Learned and Best Practices [Part 3 of 4]

In our previous alert, we described the sustainability reporting ecosystem shaping the disclosure parameters and approaches to voluntary disclosure given the lack of regulatory mandates on disclosure....By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Sep 10,2020 |
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