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OFCCP Week In Review: July 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they discuss: - OFCCP Presents the Past, Present, and Future during its Policy Update Webinar - OFCCP Ombuds Tells What Types of Issues He is Handling - The Women’s Bureau Requests Comments on Paid Leave - “Quality and Utility” of Component 2 Compensation Data to Come ...
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DirectEmployers Association | Jul 22,2020 |

“Rank Pretext Will Not Do”: Court Enjoins Freeze-Out Merger With No Corporate Benefit

I’ve represented clients on both sides of freeze-out mergers of privately owned business entities, so I’m very familiar with their uses, misuses, potential advantages, and potential disadvantages to both freeze-ors and freeze-ees....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jul 22,2020 |

California Senate Passes Bill Granting the Attorney General Authority To Review Health Care Acquisitions and Changes of Control

SB 977 was passed by the California Senate on June 26, 2020. If the bill is passed by the Assembly and becomes law, it will require health care systems, private equity groups, hedge funds, and academic medical centers to obtain advance approval by the California Attorney General for substantially all acquisitions or change of control transactions with health care facilities and providers....By: Buchalter
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Buchalter | Jul 21,2020 |

Vital Signs: Digital Health Law Update | Summer 2020

Note From the Editors - With this Summer 2020 issue of Vital Signs, we take a moment to again applaud the remarkable actions of all the health care and life science organizations around the globe working tirelessly on our collective response to COVID-19. Thank you, and we hope this collection of "must know" updates and resources on digital health law since our last issue assists with your ongoing efforts. Regulatory and legal actions in the past quarter highlight the increased importance of.....
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Jones Day | Jul 21,2020 |

The 2020 Amendments to the Delaware General Corporation Law

Overview Governor Carney recently signed into law certain amendments (the Amendments) to the Delaware General Corporation Law (the DGCL) that (i) clarify the powers of boards of directors in an emergency......By: Troutman Pepper
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Troutman Pepper | Jul 21,2020 |

Exceptions to the Enforceability of Limitation of Liability Clauses

A common feature of some contracts, including construction and design contracts, is a limitation of liability clause that limits or "caps" the amount of potential damages a party faces in the event of a breach. Although Arizona courts will generally enforce limitation of liability clauses, there are at least four potential ways to attack their enforceability under Arizona law....By: Snell & Wilmer
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Snell & Wilmer | Jul 21,2020 |

Delaware Court Of Chancery Dismisses Post-Merger Stockholder Challenge To Executive Incentive Compensation Stock Awards

On June 26, 2020, Chancellor Andre G. Bouchard of the Delaware Court of Chancery dismissed breach of fiduciary duty claims brought against former officers and directors of Twenty-First Century Fox, Inc. (“Old Fox”) in connection with a transaction in which it spun off part of its business into a new public company, Fox Corporation (“New Fox”), and sold the rest of its business to The Walt Disney Company in a merger (the “Transaction”). Brokerage Jamie Goldenberg Komen Rev Tru U/A 06/10/08 ...
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Shearman & Sterling LLP | Jul 21,2020 |

[Video] Buying or Selling a Business that Borrowed a PPP Loan

There is a significant likelihood that M&A transactions in the next year may involve PPP loans. Here are several deal components that should be considered in light of PPP....By: Downs Rachlin Martin PLLC
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Downs Rachlin Martin PLLC | Jul 21,2020 |

Focus sulle novità introdotte in materia di affidamenti di contratti pubblici dal DECRETO-LEGGE 16 luglio 2020, n. 76

Dopo un lungo iter di approvazione il 16 luglio 2020 è stato pubblicato in GU n.178 - Suppl. Ordinario n. 24, il DECRETO-LEGGE 16 luglio 2020, n. 76 (il “DL”), in vigore dal 17 luglio, recante “Misure urgenti per la semplificazione e l'innovazione digitale”....By: Orrick, Herrington & Sutcliffe LLP
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Change Orders During the COVID-19 Pandemic — Managing Unexpected Construction Costs and Time Overruns

The COVID-19 pandemic has caused cost overruns and project delays that construction owners and contractors could have never imagined before 2020. These unanticipated circumstances can create contract application and interpretation challenges for the unwary construction partner. For example, even if a prime contract expressly requires a specific notice period for change orders, parties can waive or circumvent these requirements in a range of ways. Now, more than ever, prudent construction...By: F...
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