Legal News

Welcome to this special podcast series “In Conversation with K2 Intelligence FIN: Navigating an Increasingly Complex Sanctions Landscape”. This series is sponsored by K2 Intelligence, LLC. This week I visit with Adam Frey, Managing Director, and Eric Lorber, Vice President at K2 Intelligence Financial Integrity Network (FIN). Frey is a key member of the firm’s independent consultant team, at the direction of federal, state, and/or international regulators, he works to monitor and assess......

Technology dealmaking has continued apace in 2020 as M&A investors take advantage of the sector’s resilience to transact - The technology sector has been one of the least impacted by the COVID-19 pandemic, and deal activity across the industry has carried on despite lockdown restrictions....By: White & Case LLP

Leveraged loan agreements form key aspects of capital structures, balancing lender protection against allowing the borrower to run its business according to its business plan. In recent times, the length of such loan agreements has increased substantially, and White & Case investigates the reasons behind this. The statistics - To provide some context, consider the following. The current LMA-form senior multicurrency term and revolving facilities agreement for leveraged acquisition finance......

The COVID-19 pandemic has caused a valuation gap between buyers and sellers in certain industries. As a result, we expect parties to increasingly turn to earnouts, a form of contingent purchase price consideration, to help close transactions. Buyers, sellers and M&A practitioners must carefully consider the complexity of earnout terms to create the optimal structure, align the parties’ incentives and avoid future disputes. Below are a few key considerations to keep in mind when drafting and......

On May 21, 2020, the Securities and Exchange Commission ("SEC") adopted amendments to its financial disclosure requirements related to acquisitions and dispositions. These amendments streamline and eliminate immaterial disclosure requirements relating to acquisitions and dispositions and are designed to reduce the complexity and compliance costs associated with existing requirements. The amendments are effective January 1, 2021, but issuers may voluntarily choose to comply with the new rules in....

On June 25, 2020, the Fifth Appellate District decided Honchariw v. County of Stanislaus, holding that an applicant's challenge to a local agency's interpretation of a project condition of approval was not barred by the Subdivision Map Act's statute of limitations because it was not a challenge to the validity of a condition of approval. This decision is important for developers, as the 90-day statute of limitations under the Subdivision Map Act (at Gov. Code § 66499.37) and the Planning and...B...

Recently Victoria’s Secret captured headlines that had nothing to do with the retailer’s famous fashion show. Victoria Secret’s parent company, L Brands, and private equity firm Sycamore Partners (“Sycamore”) exchanged lawsuits after Sycamore sought to walk away from its pending acquisition of the lingerie company. Sycamore claimed that Victoria’s Secret had experienced a “material adverse effect” as a result of the coronavirus pandemic, allowing the private equity firm to terminate the...

The Government yesterday published its Business and Planning Bill. The Bill includes an assortment of measures to support businesses as the country transitions from lockdown into recovery, including the introduction of new ‘pavement licences’, extending construction hours and eagerly anticipated measures to extend planning permissions. In this blog we discuss the details and implications of this Bill as currently drafted....By: Bryan Cave Leighton Paisner

New measures, announced on 21 June 2020, will allow the UK Government to intervene in relation to transactions involving businesses with "critical capabilities" to help combat public health emergencies, such as coronavirus. Please see full Publication below for more information....By: Hogan Lovells

In this  episode I visit with Vin DiCianni on how ethical culture is a part of an overall ethics and compliance program assessment and how to go about it. We began with an exploration around the areas assessed to help determine if a company has an ethical culture. DiCianni said you need a framework for such an assessment. DiCianni advocates  starting with the program itself. This means a review of what does the organization’s compliance program look like and does it meet the foundational...By: ...