In this matter, plaintiff Marisco Ltd. hired defendant GL Engineering & Construction (GL E&C) to construct and deliver a floating dry dock. Marisco alleged that GL E&C’s principals misrepresented their experience and ability with respect to constructing dry docks, causing GL E&C to deliver the dry dock late......By: Carlton Fields
Read More
The Massachusetts Appeals Court recently decided that a settlement agreement resolving a zoning case brought by the Town of Bourne did not prevent neighbors from obtaining zoning enforcement inconsistent with that settlement. The case, Stevens v. Zoning Board of Appeals of Bourne, involved the use of a property in a residential zoning district as a wedding venue (commercial uses were not allowed). There were two sequential cases involving challenges to the use....By: Pierce Atwood LLP
Read More
On June 30, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released their first jointly issued Vertical Merger Guidelines. These Guidelines replace DOJ’s Non-Horizontal Merger Guidelines from 1984. Those 1984 guidelines were outdated, did not reflect current agency practices and were withdrawn by DOJ in January 2020......By: Foley & Lardner LLP
Read More
The second of three packages of proposed 2020 amendments to the German rules on control over foreign direct investments (FDI), effective on July 17, 2020, brings a scheme of severe civil and criminal penalties and lays the groundwork for broader and intensified scrutiny of FDI. The new rules, this time primarily entailing changes to the German Foreign Trade and Payments Act (AWG), supplement the first tranche of 2020 amendments to FDI screening in Germany that reflected the new public interest.....
Read More
On July 30, McDermott partners Ed Zaelke and Lloyd MacNeil will host will host Ben Stafford, North America services sales leader, and his colleagues from GE Renewable Energy, who will share their perspectives on the following topics: - COVID-19 risks to turbine supply chain and how original equipment manufacturers (OEMs) plan to mitigate - COVID-19 risks to construction and how a renewed or prolonged shutdown will impact order books - The Production Tax Credit (PTC) safe harbor extension and...
Read More
On July 22, 2020, China’s State Administration for Market Regulation (“SAMR”) published its unconditional approval of the concentration of operators in the Shanghai Mingcha Zhegang Management Consulting Co., Ltd. and Huansheng Information Technology (Shanghai) Co., Ltd. Newly Established Joint Venture Case (the “SMZ Case”). This is a major regulatory development in China in relation to the legitimacy of the VIE structure......By: Morrison & Foerster LLP
Read More
In this episode of Trekking Through Compliance, we consider the episode The Omega Glory which aired on March 1, 1968, Star Date unknown. Compliance Takeaways: How well is your staff trained? How well are your business folks trained? What is your disciplinary process?...By: Thomas Fox
Read More
The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor written notice of its claim within 90 days of the date it last performed work on a federal project and (2) file suit against the bond for any outstanding nonpayment within one year of the date work was last performed......By: Bradley Arant Boult Cummings LLP
Read More
Financial Institutions M&A sector trends: Payments — H1 2020 and outlook for H2 2020. Lockdown utilisation levels encourage cross-border operators to scale-up and private equity investors to pile-in....By: White & Case LLP
Read More
Although the EU has strict rules that limit the circumstances in which Member States can subsidize companies in the EU, the rest of the world does not. The European Commission considers this difference unfair because it would distort competition in the EU and global markets. The European Commission recently released a White Paper that discusses a future framework to address the perceived imbalance. The goal of the proposal is to "level the playing field" with regard to foreign subsidies and...B...
Read More