Discover the Trends in Healthcare Transactions, the Drivers Behind the Changes and What Lies Ahead as Stakeholders Deal With the Pressures of the Pandemic... After years of growth, healthcare deal activity slowed in the first half of 2020, with deal volume slipping below 500 for the first time since 2015. As it did in every aspect of our lives, the COVID-19 crisis had a chilling effect on healthcare transactions. But will that effect cause a sustained change in the healthcare transactions...By:...
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The UK has published a draft of its new National Security and Investment Bill, together with explanatory notes, heralding the introduction of a new regime for reviewing investments in the UK. The new regime would introduce, for the first time, a mandatory pre-screening mechanism for deals involving investments in sensitive sectors. This new regime represents a substantial expansion of the existing investment review mechanism in the UK in terms of both its scope and its powers, and is likely to.....
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The PRC Export Control Law will come into effect soon on 1st December 2020. This new law makes a number of substantial changes to China’s current export control regulatory regime, indicating that the regulators may take a more active and pragmatic approach to broadly safeguard China’s national security and interests (especially in the area of technology) going forward....By: Allen & Overy LLP
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Representation and warranty insurance has changed the M&A market. The popularity of reps and warranties (R&W) insurance—which provides indemnity to buyers for breaches stemming from seller misrepresentations in acquisition agreements—skyrocketed in the past decade alongside a bustling M&A market. Sellers realized that R&W insurance was a useful tool that would enable them to offload risks associated with R&W breaches and avoid having to provide escrows and/or indemnifications as part of the......
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In D’Allesandro v. Lennar Hingham Holdings, LLC, 486 Mass 150, 2020 Mass. LEXIS 721, the Supreme Judicial Court of Massachusetts answered a certified question regarding how to apply the Massachusetts statute of repose, Mass. Gen. Laws ch. 260, § 2B, in regards to phased construction projects. The court held that, in this context, the completion of each individual “improvement” to its intended use, or the substantial completion of the individual building and the taking of possession for occupa...
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On October 27, 2020 the U.K. Takeover Panel (the “Panel”) published a consultation (the “Consultation”) on a series of significant changes to the treatment of conditions (and pre-conditions) to offers and the timetable which offers must follow under the U.K. Takeover Code (the “Code”). The consultation calls for comments by January 15, 2021, following which the Panel expects to issue a response statement (in Spring 2021) setting out the final form of the changes it decides to make to the C...
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Bay area business software powerhouse Salesforce is “in advanced talks to buy Slack Technologies,” the “buzzy newcomer on a mission to replace office email.” A deal could be announced as early as tomorrow, and it would mark Salesforces’ biggest-ever acquisition (as Slack has a market value of over $17 billion)....By: Robins Kaplan LLP
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In recent years, there has been an ever-increasing number of public and private companies adopting exclusive forum provisions in their charter or bylaws. Having exclusive forum provisions in place can be beneficial for a company and its shareholders by decreasing the risk of facing costly litigation across multiple, potentially distant, jurisdictions and by helping to mitigate the consequent risk of varied results in such jurisdictions....By: K&L Gates LLP
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Introduction - On 23 November 2020, Sheikh Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates (UAE), issued a decree overhauling the rules relating to foreign ownership of companies in the UAE (the Decree) by introducing significant amendments to the UAE Commercial Companies Law No. 2 of 2015 (the Companies Law)....By: K&L Gates LLP
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The use of net asset value finance by private equity firms has spiked under COVID-19 as managers explore new sources of liquidity in a weak M&A market - Until recently, net asset value (NAV) finance—where PE sponsors borrow against the NAV of the companies in their funds—occupied the fringes of the financing mainstream....By: White & Case LLP
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