Legal News

One- The UK has championed an open and dynamic market economy, including foreign direct investment ("FDI") into the UK, ever since political theorists such as Adam Smith argued the benefits of free trade over mercantilism in the mid-19th century. Since the merger regime was last reformed, in 2002, no UK deal has been blocked on public interest grounds to date and, prior to 2019, there had, on average, been less than one public interest intervention notice issued by the Government on the grounds...

The Federal Trade Commission, by a 3-2 vote along party lines, has proposed for public comment two major changes to its Hart-Scott-Rodino (HSR) Act premerger notification rules. These changes would exempt from HSR filing some under-10% investments and would require some additional filings by aggregating investments by funds within a family of commonly managed funds......By: Lowenstein Sandler LLP

In a May blog post we discussed several initial observations regarding the dozens of M&A transactions that were signed prior to March 2020 and that were in jeopardy as a result of COVID-19. Since that post, the Delaware Chancery Court has had the opportunity to consider some preliminary issues relating to certain of those jeopardized transactions involving private equity-backed buyers....By: Cooley LLP

Already burgeoning, foreign direct investment regulations worldwide are bulking up still more in response to emerging threats. Over the past few years, countries around the globe have started to either implement or ratchet up their foreign direct investment (FDI) controls. Once the exclusive domain of sectors traditionally associated with national security, FDI reviews are ramping up in healthcare, high technology (especially "dual use" technology), real estate and a growing list of other...By:...

As all construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry standard consensus forms that define the relationships and terms involved in design and construction projects.  While these forms are appropriate for commercial projects, contractors that perform a mix of commercial and government…...By: Vandeventer Black LLP

Amid the unprecedented conditions that businesses have been forced to operate under, real estate and construction professionals in particular may be struggling to navigate pandemic related legal challenges in their markets. From executive orders issued at state and local levels, to exceptional circumstances applied to force majeure contract provisions, the confusion inspired by COVID-19 continues to plague businesses as case law develops in the court system......By: Shutts & Bowen LLP

Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver of claims....By: Poyner Spruill LLP

While not unscathed by the ongoing pandemic, software deals are proving to be resilient to the effects of lockdown... The performance of software M&A in 2020 is indicative of a sector insulated from the worst effects of a pandemic that has bloodied industries dependent on face-to-face interaction....By: White & Case LLP

On September 21, 2020, the Federal Trade Commission (the “FTC”) announced proposed amendments that, if enacted, would make significant changes to the premerger notification rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The proposal coincides with the FTC’s ongoing examination of the competitive implications of “common ownership” of minority holdings in competing entities......By: Morrison & Foerster LLP

On Monday, September 21, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly released two proposed rule changes to the Hart-Scott-Rodino (HSR) premerger filing requirements for acquiring parties. In an extension of a 2011 rule change that established the concept of “associates,” the first proposed change would require aggregation with the filing…...By: Skadden, Arps, Slate, Meagher & Flom LLP