Legal News

On 11 November 2020, the government announced the details of its proposals for national security-based review of investments in the UK, in the form of the National Security and Investment Bill ("NSIB"). Protectionism is a growing and global trend. In the UK we have been awaiting tighter legislation since the government first launched its national infrastructure and investment review in 2017. However, the substantial changes in terms of scope and powers proposed by the NSIB have surprised many.....

Can a valid claim notice issued, on time, referring to one contractual basis, be relied upon where a claim is ultimately pursued on a different ground? In the first authoritative case to consider this issue, the Hong Kong Court of Appeal ruled that it could not....By: White & Case LLP

This briefing supplements our previous Dechert OnPoint briefings “Alert on New UAE FDI Law,” and “UAE FDI Law Positive List Confirmed” which discussed the introduction of the Foreign Direct Investment Law (Federal Decree-Law No. 19 of 2018) (the “FDI Law”) in the UAE in 2018 and the confirmation of the “Positive List” of economic activities in which up to 100 percent foreign investment would be permitted in 2020....By: Dechert LLP

Last week, the Internal Revenue Service (IRS) issued additional guidance on two outstanding issues regarding Paycheck Protection Program (PPP) Loans and the Employee Retention Tax Credit (ERTC) provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). First, the IRS updated previously published Frequently Asked Questions (FAQs) to provide helpful clarification of the interaction of the ERTC and PPP Loans in M&A transactions. Second, the IRS issued Revenue Ruling 2020-27.....

Former Fed Chair Janet Yellen is “poised to become the first female Treasury secretary and one of few people to ever have wielded economic power from the White House, the Federal Reserve and the president’s cabinet.” If confirmed, Yellen would face “the economic fallout created by a pandemic that continues to inflict damage”....By: Robins Kaplan LLP

On October 20, 2020, TransPerfect Legal Solutions (TLS) hosted an inaugural conference on recent developments in antitrust clearance and merger enforcement proceedings. This article is the second of a three-part series highlighting the major takeaways from each session of the conference. One panel of the conference was titled, Optimizing Quality and Efficiency in a Second Request Document Review through Technology-Enabled Workflows....By: TransPerfect Legal Solutions

Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to Division attorneys and the public on the use of arbitration in civil enforcement matters. This guidance stemmed from a closely watched challenge to aluminum giant Novelis Inc.’s planned acquisition of Ohio aluminum company Aleris Corp. last year......By: Lowenstein Sandler LLP

On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (Act) came into force with changes to insolvency law to help businesses manage the economic implications of Covid-19. The new Act’s permanent measure on continuing supply stands out for the construction industry....By: Dentons

Public bodies must now take account of social value in the award of central government contracts following the publication of Procurement Policy Note 06/20 – taking account of social value in the award of central government contracts (PPN 06/20) (24 September 2020). Published alongside the government's response to the Social Value in Government Procurement consultation (on which, see the table for more detail), this latest PPN provides a new evaluation model to deliver social value through the....

The Federal Ministry for Economic Affairs and Energy continues to tighten FDI control, but the investment climate remains liberal in principle - In Germany, the investment climate remains liberal in principle. Nevertheless, since 2016, German foreign investment control has continuously toughened, and the German Federal Government has become increasingly sensitive about protecting key technologies, industries and know-how....By: White & Case LLP