Legal News

A federal district court in Washington recently held that a claims handling mishap resulted in a waiver of the attorney-client privilege otherwise protecting a coverage opinion provided by the insurer’s internal legal department....By: Carlton Fields

On August 27, 2020, in Protecting Our Water and Environmental Resources v. County of Stanislaus, Case No. S251709 (“Protecting Our Water”), the California Supreme Court held that the County in that instance could not categorically classify its issuance of groundwater well construction permits as ministerial decisions exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, §§ 21000 et seq.). While the Court’s Opinion does not state that ...

When Coronavirus forced the country to isolate at home a few months ago, all of us had to adapt to new way of life. Our living rooms and bedrooms suddenly turned into offices and conference rooms. With video calls now part of our daily routine to stay connected with clients, co-workers, friends and family, some of us might be self-conscious of our real time backgrounds. Please see full Publication below for more information....By: FTI Consulting

On August 20, 2020, the Committee on Appropriations of the California State Assembly approved sending SB-977 to the Assembly for a final vote, ahead of an August 31, 2020 deadline to send bills to Governor Gavin Newsom. SB-977, titled “Health care system consolidation: Attorney General approval and enforcement,” would grant the California Attorney General (AG) sweeping authority to review, and approve or deny, changes of control and acquisitions of health care facilities and providers. The bi...

All sectors of the construction industry have faced unique challenges in 2020, but none has been more significantly impacted than homebuilding. Widespread protests in urban areas, historically cheap financing for single-family homes and the global pandemic have shaped new housing trends and accelerated others......By: Fox Rothschild LLP

On August 14, 2020, the U.S. Department of Justice (DOJ) issued its first Opinion Procedure Release (OPR) in nearly six years, OPR 20-01. OPRs allow companies to seek guidance from DOJ “as to whether certain specified, prospective—not hypothetical—conduct conforms with the Department’s present enforcement policy regarding the antibribery provisions of the Foreign Corrupt Practices Act of 1977."...By: Orrick, Herrington & Sutcliffe LLP

In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade Commission (FTC) reached settlements with a number of merging parties during Q2 2020, and the FTC is proceeding to trial in several merger cases. Both the FTC and the DOJ are conducting investigational hearings and depositions via remote videoconferencing technology such as Zoom.......

The Guide is intended to provide fresh clarity on the ECB’s approach to assessing proposed M&A transactions and enhance the transparency and predictability of supervisory actions. Key Points: Under the Guide, the ECB will: ..Not automatically penalise proposed M&A transactions by applying higher capital requirements; the starting point for capital will be the weighted average of the two banks’ Pillar 2 capital requirements and Pillar 2 guidance prior to the consolidation transaction...By: L...

The Southern District of New York declared that plaintiff Monjasa A/S was not bound by an arbitration agreement to which neither it nor the defendant was a party. The case stems from a fuel delivery contract between two non-parties, Monjasa Lda and Angola de Navegacao Lda (ANNA). The contract called for Monjasa Lda to supply fuel to a ship known as the BBC Scotland. Monjasa Lda and the plaintiff are wholly separate subsidiaries of Monjasa Group. The defendant underwrote an insurance policy...By:...

Decision in Protecting Our Water and Environmental Resources v. County of Stanislaus Case - In a long-awaited decision, the California Supreme Court addressed the circumstances under which a public agency may characterize the issuance of well construction permits as “ministerial,” and hence not subject to California Environmental Quality Act, versus “discretionary,” in which case CEQA applies....By: Best Best & Krieger LLP