Legal News

When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the release language is too broad, however, the agreement may provide the government a legal defense to the pass-through claim known as the Severin doctrine. The Severin doctrine prohi...

The megadeals of 2019 may be off the table for now, but deal activity across healthcare and pharmaceuticals has proven resilient through the COVID-19 crisis - Although pharma, medical and biotech (PMB) M&A deal value for Q1 2020 came in at US$39.3 billion, 78% below the year before, this was primarily due to the outsized US$87.8 billion deal between Bristol-Myers Squibb and Celgene in early 2019....By: White & Case LLP

On Sunday June 21, 2020, the Mexican Banking and Securities Commission ("CNBV") ?in charge of the anti-money laundering and counter-financing of terrorism ("AML/CFT") supervision of the banking sector in Mexico? communicated temporary simplification guidelines on certain know-your-customer ("KYC") measures. Said guidelines are, in turn, part of draft regulation in process of enactment. Simplification of KYC measures - On June 21, 2020, the CNBV enacted extraordinary KYC simplification...By: W...

As businesses begin to reopen following the COVID-19 shut down of 2020, it is clear that the "business as usual" model will no longer work. Rather, companies have had to make changes not only in their policies and practices, but also in the construction and layout of their physical premises (whether it be a restaurant, store, doctor's office, hotel, etc.) in order to maintain social distancing standards and to reduce the potential for infection....By: Akerman LLP

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

Massachusetts Supreme Judicial Court: No Further Deadline or Statute of Limitations Extensions - On June 24, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting access to courthouses until at least July 13, 2020....By: Pierce Atwood LLP

The recent case of PBS Energo A.S v Bester Generacion UK Ltd [2020] EWHC 223 (TCC) provides a reminder of the care parties need to take when deciding to terminate a contract. It also provides some interesting commentary on the operation of the FIDIC Silver Book 1999 termination provisions....By: Bryan Cave Leighton Paisner

Mintz, an Am Law 100 firm, and Mergermarket, a company providing intelligence, data, and analysis on global M&A deals, partnered to produce a comprehensive report on recent M&A activity in the life sciences. The report combines extensive data on life sciences mergers from 2015 through April 7, 2020 with the results of a survey of 100 US-based executives – CEOs, CFOs, and heads of M&A – to provide an in-depth review of industry deals, focusing on post-deal integration and critical factors...By:...

Companies that rely on mergers and acquisition for growth have to build robust post-acquisition integration policies and controls.  Such a requirement applies not only to ethics and compliance program integration but to overall business operations....By: Michael Volkov

On June 24, 2020, Governor Roy Cooper signed Executive Order No. 147 (“Order 147”), extending North Carolina’s Phase 2 easing of coronavirus restrictions until 5:00 pm on July 17, 2020.  Significantly, Executive Order No. 147 not only delays Phase 3 easing of restrictions, it also includes certain amendments to Governor Cooper’s original Phase 2 Order requiring additional protective measures to mitigate the spread of COVID-19. These additional measures, which went into effect at 5:00 pm on.....