Legal News

On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division released a revised Merger Remedies Manual. This revised manual is the culmination of a review by the Antitrust Division of its entire approach to merger remedies that started two years ago. In 2018, the Antitrust Division withdrew its previous guidance on merger remedies from 2011 and reinstated its 2004 Policy Guide to Merger Remedies. The 2011 guidance had eliminated the Antitrust Division’s absolute preference f...

European Commission publishes findings of its evaluation of EU competition rules on vertical agreements - On September 8, the European Commission (EC) published a Staff Working Document summarising the findings of its evaluation of the Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines (Guidelines)....By: Cooley LLP

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract language, best practices for project documentation, the risks of unforseen site conditions, delays and lost productivity claims, and the design professional's standard of care - Strategies to address damage and claims - Tools to analyze, prepare for, and defend against claims for...

JPMorgan is preparing to finalize a deal with federal prosecutors and regulators in which the bank would pay nearly $1 billion to “settle civil and criminal charges that its traders rigged futures and securities markets” through alleged spoofing....By: Robins Kaplan LLP

In a recent case the Singapore Court of Appeal upheld a decision that an employer may recover damages for rectifying defects even when it has not given the contractor the opportunity of doing so during the defects notification period......By: White & Case LLP

On September 15, 2020, the Treasury Department issued final regulations that define when it is mandatory to file with the Committee on Foreign Investment in the United States (CFIUS). This final rule builds on regulations that were originally proposed in May 2020 (described in a previous Skadden client alert). The final rule, which goes into effect on October 15, 2020, retains the overall structure and essential features of the earlier proposal — in particular, it incorporates an export...By: S...

In Skanska USA Bldg. Inc. v. M.A.P. Mech. Contractors, Inc., 2020 WL 3527909 (Mich. June 29, 2020), the Michigan Supreme Court addressed whether unintentionally faulty subcontractor work that damages an insured’s work product constitutes an “accident” under a commercial general liability insurance policy. In aligning itself with a growing number of jurisdictions, the Michigan Supreme Court answered, “yes.”...By: Traub Lieberman Straus & Shrewsberry LLP

On September 3, 2020, the Department of Justice's Antitrust Division (the DOJ) issued its new Merger Remedies Manual (the Manual), which provides the framework the DOJ will utilize going forward to implement relief in mergers reviewed by its attorneys and economists. The DOJ has updated its remedies guidance several times in the past two decades with, at times, significant variation between administrations. The new Manual updates the 2004 Policy Guide to Merger Remedies, which the DOJ updated in...

Successfully executing an acquisition from stress, distress, or insolvency requires a creative approach to reconcile competing interests....By: Latham & Watkins LLP

Given the recent tropical systems that have hit Texas including Laura and Beta (who still has not departed), there will undoubtedly be a need for disaster remediation contractors to address some of the damage recently caused. Contractors need to be aware that Texas law governs disaster remediation contractors. Out-of-town contractors performing disaster remediation in Texas need to be aware of Chapter 58 of the Texas Business and Commerce Code and its impact on post-natural disaster...By: Kilpa...