Legal News

In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment - While there is still no standalone foreign direct investment (FDI) screening at the EU level, the EU continues to push for a coordinated approach toward foreign direct investments into the EU. The key instrument is the EU Screening Regulation, which has entered into force on October 11, 2020. Other legislative ideas have already been floated, including the....

Dividend recapitalization activity plunged in the immediate aftermath of COVID-19 but, as markets recovered, investor appetite for recap deals swelled - Leveraged loan and high yield bond issuance specifically intended for dividend recapitalization soared in North America and Western and Southern Europe in the third quarter of the year as investors returned to market, eager to deploy capital....By: White & Case LLP

H.I.G. Capital has announced it will acquire St. Croix Hospice. St. Croix, based in Oakdale, Minn., is a provider of hospice services across the midwestern United States....By: McGuireWoods LLP

Courts and arbitral tribunals in many jurisdictions have the power to order contractors to perform building works - to order "specific performance" of a construction contract.  But these powers are rarely exercised.  A recent case from Hong Kong’s highest court considered the approach to be taken when applications for specific performance are made....By: White & Case LLP

As businesses continue to adapt to COVID-19, so does the process and focus on M&A activity in this new environment. I recently moderated a panel on How to Get a Deal Done During COVID-19 at the Business Transitions Forum East Conference 2020, which looked at some of the key business and legal issues companies are dealing with in M&A....By: Bennett Jones LLP

On 2 November 2020, Indonesia’s Law on Job Creation went into effect. The Law, amends or revokes over 78 existing laws and introduces new provisions with the aim of increasing investment into Indonesia, and in turn creating jobs. It aims to resolve areas which have frequently caused problems for investors, including: (i) cumbersome licensing procedures; (ii) contradictory regulations and authorities; (iii) rigid labour legislation; and (iv) difficulty in procuring land. Additionally, the Law o...

Now that it appears Joseph R. Biden Jr. has won the presidency, it’s time to take a serious look at the Democratic Party platform and how a Biden administration will likely impact business....By: Dechert LLP

Control over pre-packs looks set to tighten further - As we stand looking into the abyss of another financial crisis, the UK government looks set to further tighten the screw to control pre-packaged sales to connected parties. The writing has been on the wall since Theresa Graham’s 2014 report on sales to connected parties – although the government hoped it might do enough with the introduction of the pre-pack pool, it reserved the right to take further steps if deemed necessary. With very l...

During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is inevitably starting to become a reality for some. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges....By: Farella Braun + Martel LLP

Recent press has explored how corporate transactions have evolved in the months of the pandemic. At first, they slowed to a crawl. But, according to a June article in the Harvard Business Review, mergers and acquisitions may provide an “important and encouraging counterintuitive growth strategy for those executives and companies prepared to turn crisis into opportunity... Originally published in Law360 October 19, 2020....By: Greenwald Doherty, LLP