Legal News

Every facet of the construction industry has been impacted by COVID-19.  Commercial and residential contractors of all types and sizes have felt the pain which COVID-19 has caused to the construction industry.  The pressures brought on by this “new normal” may feel specific to you and your company, but it is shared throughout the industry. ...By: Miles Mediation & Arbitration

The Internal Revenue Service (IRS) ruled that a taxable real estate investment trust (REIT) subsidiary would not be considered to be operating or managing certain senior living and healthcare facilities located outside the United States. The ruling demonstrates that with appropriate tax planning a REIT can indeed obtain a majority stake through a taxable REIT subsidiary of foreign hospitals, healthcare facilities and senior living facilities......By: McDermott Will & Emery

In Delaware, a robust and properly placed disclaimer of reliance clause can effectively eliminate claims of fraudulent or negligent misrepresentation arising from extra-contractual statements made by or on behalf of a seller during the negotiation of a written acquisition agreement. And an effective exclusive remedy clause can limit the remedies available for any inaccuracy in the package of contractual representations and warranties that were expressly bargained for in that written acquisition....

The COVID-19 pandemic has already been declared as history's gravest economic crisis. Chancellor Angela Merkel described the current situation as "the most challenging crisis we have faced since the Second World War." But history also shows numerous ways that crises have offered unexpected benefits for societies and world economy....By: Orrick, Herrington & Sutcliffe LLP

Since the release of our recent article “Poison Pills, NOL Poison Pills and the COVID-19 Pandemic” in midApril, we continue to see a surge in the number of companies implementing poison pills (also referred to as shareholder rights plans), a type of defensive tactic used by a corporation’s board of directors against a hostile takeover bid. Please see full Publication below for more information....By: Robinson & Cole LLP

The US Department of Justice and the Federal Trade Commission recently issued an updated set of guidelines for “vertical mergers,” or mergers between companies at different levels of the supply or distribution chain. The guidelines reflect the first update in nearly 40 years and largely reflect updates to existing case law and enforcement patterns, but they provide an instructive framework for managing antitrust risks related to vertical mergers, which also applies to other activities like......

The Mississippi Commission on Environmental Quality (“MCEQ”) and Dixie Springs Enterprises, LLC (“Dixie”) entered into a July 24th Agreed Order (“AO”) addressing an alleged violation of certain provisions of the Mississippi Code related to stormwater permitting. See Order No. 7059 20. The AO provides that Dixie is involved with a residential development in Summit, Mississippi....By: Mitchell, Williams, Selig, Gates & Woodyard,

COVID-19 and the resulting economic uncertainty are adversely impacting businesses worldwide. Colorado companies that are financially distressed may be unable to survive alone and may consider reevaluating consolidation strategies. For strategic buyers, financially distressed companies can represent favorable acquisition opportunities......By: Snell & Wilmer

As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure and position your business for the best possible outcome if a dispute arises. Farella’s Real Estate Webinar Series will help you better understand your rights and the steps you can take to mitigate the construction, insurance, and landlord-tenant issues that the pandemic...

COVID-19 has had a significant financial impact on many listed companies and, in recent months, there has been a marked increase in equity capital raises by listed companies. As at 22 July 2020, there have been over 100 secondary equity fundraisings in excess of £10 million on the Main Market and AIM since the COVID lockdown period began. Some have had to raise emergency capital, on short notice and often at significant discounts, whereas others have sought to shore up their balance sheets as......