Legal News

On November 30, 2020, the State Water Resources Control Board (State Water Board) staff issued a preliminary staff draft of the Statewide Construction Stormwater General Permit reissuance....By: Environmental General Counsel LLP

What will the oil and gas landscape look like in 2021? Managing Director Gary Pittman discusses bankruptcy and restructuring trends and what we can expect heading into the new year....By: Opportune LLP

New measures enacted for the purpose of protecting the Spanish economy amid the COVID-19 crisis may persist longer than expected - The exceptional circumstances in the first and second quarters of 2020 brought about by the COVID-19 outbreak led the Spanish government to enact a number of urgent regulations establishing a new screening mechanism for certain foreign investments by virtue of Royal Decree Laws 8/2020 and 11/2020 (Real Decreto-ley 8/2020, de 17 de marzo, de medidas urgentes...By: W...

Recent notable industry transactions. The Alan Turing Institute, the Royal Statistical Society and the UK Department of Health and Social Care's Joint Biosecurity Centre finalised a partnership agreement in relation to the provision of statistical modelling and machine learning expertise in support of the UK Government’s COVID-19 strategy....By: Dechert LLP

In a late night, 242-page decision, the Delaware Court of Chancery ruled that the buyer in a purchase and sale agreement was relieved of its obligation to close and could terminate the agreement as a result of the changes made to the business by the seller in response to the COVID-19 pandemic....By: Dechert LLP

Indemnification clauses are ubiquitous in commercial agreements of all types. In the M&A context, indemnification is a concept that applies most frequently in the contractual remedies regimes that are provided in private company acquisition agreements for breaches of representations and warranties, or for excluded liabilities. Indemnification is also a concept that arises in entity formation agreements for officers and directors in the corporate context, for members and managers in the limited.....

The UK has announced a bill proposing a new system to screen transactions for national security risk, separate from the system of merger review operated by the Competition and Markets Authority. The National Security and Investment Bill has been in the pipeline since the publication of the National Security Risk Assessment in 2015, but has been delayed due to Brexit and the COVID-19 pandemic....By: Dechert LLP

Tuesday’s Senate Committee hearing with Fed Chair Powell and Treasury Secretary Mnuchin showed the growing rift between the two over their views of “challenges facing the United States economy in the months ahead.”...By: Robins Kaplan LLP

Investment funds may face enhanced premerger reporting requirements under a new rule jointly proposed by the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ). Published Dec. 1, 2020, the notice proposes two important changes to premerger reporting requirements under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act and implementing regulations....By: McGuireWoods LLP

The past decade’s robust mergers and acquisitions volume sparked the rapid growth of representations and warranties (R&W) insurance. This coverage provides protection from losses due to a seller’s breach of representations in the acquisition agreement and is intended to remove risks from balance sheets and largely supplant traditional seller indemnity in M&A transactions. But a key question has lingered: Are insurers actually paying R&W claims?... Originally published in Risk Management...By:...