Legal News

Construction Counsel Sean Scuderi joins Rich Schoenstein to explore “Lien Times: Securing Mechanics Liens for Preconstruction Services” on the latest episode of Law Brief. Sean and Rich break down recent developments concerning the ability to file mechanics liens for services performed prior to the commencement of actual construction. For additional information on this topic, see “Pre-Construction Services: To Lien or not to Lien,” an article co-authored by Sean and Construction Partner an...

The energy transition and a growing need for efficient digital infrastructure are two trends fueling infrastructure dealmaking in 2020 - In a year that has seen global M&A activity drop significantly, M&A within the infrastructure sector delivered a strong performance....By: White & Case LLP

Increased awareness of safety concerns related to foreign direct investments has prompted a ramp-up toward the implementation of a general FDI screening regulation - As of this writing, Sweden does not have a general FDI screening mechanism, and the Swedish Government largely takes a positive view of foreign companies investing in Swedish companies, as investment contributes to higher growth and employment. However, concerns have been raised that foreign ownership of sensitive infrastructure.....

The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law applicable to the contract containing it differs from the law of the seat of the arbitration? Will it be the law governing the contract; the law governing the procedure (the law of the seat); or another system of national law altogether? Noting that this issue “has long...By:...

On 11 November 2020 the draft National Security and Investment Bill, the “NSI Bill” was published. The NSI Bill would introduce a new statutory regime granting the “Secretary of State” for Business, Energy and Industrial Strategy robust powers to scrutinise acquisitions which may pose a risk to the national security of the UK....By: Dorsey & Whitney LLP

The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19 coronavirus pandemic. It will be updated regularly to track the situation as it evolves. Please see full Publication below for more information....By: Allen & Overy LLP

Adverse economic or social conditions have not historically tended to affect the general application and enforcement of antitrust rules. This remains the overall position in the circumstances of Covid-19, with many antitrust authorities expressly stating that they will continue to actively monitor business behaviour and take strict action against infringements. Nevertheless, some authorities have announced that, in certain limited scenarios, they will apply exemptions from, or relaxations of,......

Merger review processes are being impacted worldwide as merger control authorities adapt to take account of the consequences of Covid-19 coronavirus. While critical transactions are likely to be reviewed, as far as possible, in accordance with normal practice, many cases may face changes in approach and practice (eg extensions of timelines in certain circumstances). See our overview for an indication of the different approaches being taken by authorities around the world. Please see full...By:...

More than two years since publishing the National Security and Investment White Paper, the U.K. government has finally published a response to its consultation on reforms to the U.K. investment screening process together with, most importantly, the draft National Security and Investment Bill....By: Faegre Drinker Biddle & Reath LLP

Covid-19 has made 2020 into a year like no other with ‘stay at home’ orders and working from home the new normal. Nonetheless, the tech and pharma industries continued to attract immense antitrust scrutiny, with daily reports in the media and pressure from politicians to address what some perceive to be anticompetitive mergers by digital platforms and pharmaceutical companies, even while innovation in both sectors continues at breakneck speed. In this article, we discuss some of the most...By:...