On 17 June 2020 the National Assembly of Vietnam adopted Law no. 61/2020/QH14 on investment (amended LOI) and Law no. 59/2020/QH14 on enterprises (amended LOE), which will take effect from 1 January 2021 and replace the current versions of these laws.Though largely a continuation of existing law, there are nonetheless several changes that could impact foreign investors in relation to their Vietnamese investments. Please see full Publication for more information....By: Hogan Lovells
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In the first reported case regarding minority oppression in the context of a South Carolina limited liability company (“LLC”), the South Carolina Supreme Court affirmed the trial court’s conclusion that majority members of an LLC had engaged in acts of oppression against a minority member resulting in a forced buyout of the minority member’s interest in the LLC......By: Haynsworth Sinkler Boyd, P.A.
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Adding corporate flexibility to IT-related commercial contracts can make seemingly unrelated mergers and acquisitions (M&A) transactions a bit less complex. Although many contracting parties already consider assignment rights and restrictions in relation to certain successor scenarios......By: Morgan Lewis - Tech & Sourcing
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A recent study evaluated three overlooked steps that developers can take that will often result in surprising savings in development costs. The study focused on the development of wind energy generation facilities, but the lessons offered seem equally applicable to any major real estate development endeavor......By: Tonkon Torp LLP
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On July 23, 2020, the French Competition Authority (the "Authority") published its new guidelines on merger control (the "Guidelines"), after more than two years of consultations and discussions. These Guidelines, which replace, effective immediately, the previous guidelines published in July 2013, are binding on companies before the Authority and directly enforceable by the parties to a merger....By: Bryan Cave Leighton Paisner
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In today’s edition of Daily Compliance News: Mark Zuckerberg really does want to crush competition. (Slate) FIFA President under criminal investigation. (FT) Barr’s corruption unmasked. (WaPo) 1st wave of Coronavirus lawsuits coming. (WSJ)...By: Thomas Fox
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As the international fight against corruption took two small steps forward this week in the 1MDB case, Tom and Jay brave the surge in Covid cases by staying safe at home. They are back to look at top compliance articles and stories which caught their eye this week....By: Thomas Fox
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In Iowa, the public sector has a significant impact on the state’s economy. The state has proposed to spend over $70 million in capital construction projects in fiscal year 2021, and millions more to obtain other types of goods and services on behalf of state agencies......By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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In June, the Armed Services Board of Contract Appeals (ASBCA) addressed whether it had jurisdiction where a subcontractor pass-through claim was certified under the Contract Disputes Act (CDA) by the subcontractor’s president, not the prime contractor’s representative. In its motion to dismiss, the government argued that under the CDA, only the prime contractor could certify the claim and that the absence of such a certification meant that the ASBCA lacked jurisdiction over the claim......By: ...
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The Situation: Stockholders sought appraisal—judicial determination of the "fair value" of their stock—in connection with a merger. The Delaware Court of Chancery found that the fair value was equal to the company's unaffected market price, which was less than the deal price. The Delaware Supreme Court affirmed. Fir Tree Value Master Fund, LP v. Jarden Corp., 2020 WL 3885166 (Del. July 8, 2020). The Result: The unaffected market price may be the most reliable indicator of fair value where a.....
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