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EU flexes its muscles on foreign-subsidised acquisitions and market distortions

On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control mechanism to review competitive distortions, (ii) a mandatory ex ante notification mechanism that would allow the Commission to review foreign subsidised acquisitions, including certain minority investments, and (iii) the possibility to exclude bidders that have received...By...
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White & Case LLP | Jun 19,2020 |

Sustainable Development and Land Use Update - June 2020 #3

Proposed California law would fast-track environmentally sustainable transit - San Francisco Chronicle – June 15 - Transportation projects focused on public transit, bikes, and pedestrians would get fast-tracked for construction under a bill that Senator Scott Wiener, D-San Francisco, introduced on Monday......By: Allen Matkins
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Allen Matkins | Jun 19,2020 |

Technology sector shows resilience during lockdowns - Remote working, online shopping and telemedicine have shielded the technology sector from the worst effects of COVID-19 lockdowns

High yield and leveraged loan issuance in North America and Western and Southern Europe for the technology industry reached an 18-month high in Q1 2020. The sector raised US$52.2 billion, an increase of almost 75% over Q4 2019 figures and double Q1 2019 issuance....By: White & Case LLP
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White & Case LLP | Jun 19,2020 |

UK insurance M&A following COVID-19

We are living in volatile times. As a consequence of the COVID-19 virus, our equity and high-yield markets have witnessed large swings, making it difficult to value assets. Uncertainty over the timing and extent of the recovery has also made it difficult to value income streams. Moreover, debt financing has become more challenging. All of these factors are contributing to a challenging environment for M&A. Please see full Publication below for more information....By: Hogan Lovells
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Hogan Lovells | Jun 19,2020 |

Seminole County Considering Higher Mobility Fees Based on New Study

Seminole County has commissioned a study to replace the county's road impact fee with a mobility fee. If adopted, the new mobility fee program would result in a substantial increase in impact fees for most developments....By: Lowndes
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Lowndes | Jun 19,2020 |

Buying or Selling a Struggling Business (aka the “Distressed” Business) – Part 5

In Part 1 of this series of posts, we discussed how business owners must think beyond the near term and that certain Buyers may view this as an opportune time to acquire a company while certain Sellers may be thinking that the best path forward is to sell their companies. In Part 2, we discussed some initial steps for Buyers and Sellers in preparing to buy or sell the struggling business. In Part 3, we went over due diligence and structuring the transaction. In Part 4, we outlined risks and risk...
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Wendel Rosen LLP | Jun 19,2020 |

New Legislation Includes Employee Benefits Changes: Why M&A Practitioners Should ‘CARE’

Financial assistance and other relief provided to employers under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) will have a short- and long-term impact on employee benefit plans in mergers and acquisitions....By: Morgan Lewis
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Morgan Lewis | Jun 19,2020 |

COVID-related clauses to consider adding to your M&A documents

Although the M&A market may have slowed since the beginning of the COVID-19 pandemic, strategic buyers with strong balance sheets and financial buyers with sufficient “dry powder” continue to eye opportunistic acquisitions. M&A practitioners must consider tailoring their deal documents to specifically address issues unique to the new operating environment that the pandemic has created for many businesses. Below are a few features to keep in mind when navigating due diligence and preparing deal...
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Thompson Coburn LLP | Jun 19,2020 |

Proposed Controversial California Vapor Intrusion Guidance Threatens to Hinder Redevelopment

After years in the making behind closed doors, on February 14, 2020, the California Department of Toxic Substances Control (DTSC), the San Francisco Bay Regional Water Quality Control Board and the California State Water Resources Control Board released their draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance). Despite extending the public comment period due to COVID-19, on June 1, 2020, the state closed the opportunity for the public to comment on the VI...By: Ma...
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Manatt, Phelps & Phillips, LLP | Jun 19,2020 |

Competition Authority Merger Filing Status During COVID-19 (UPDATED)

As governments around the world work to stem the coronavirus (COVID-19) pandemic, merger control authorities in jurisdictions around the globe are adapting their operations and procedures. Please see full Publication below for more information....By: Morgan Lewis
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Morgan Lewis | Jun 19,2020 |
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