Legal News

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The US Department of Justice Antitrust Division issued a new Merger Remedies Manual on September 3 clarifying the analytical framework the Trump administration’s DOJ is using to evaluate remedies that may address competitive harms stemming from proposed mergers and acquisitions, as well as consummated mergers....By: Cooley LLP

The DC Council has proposed legislation that would dramatically increase developers’ exposure for condominium warranty liability and could impact developers’ financial ability to finance, develop, and construct condominiums....By: Ballard Spahr LLP

Federal authorities are prepping to “reprimand Citigroup Inc. for failing to improve its risk-management systems—an expansive set of technology and procedures designed to detect problematic transactions, risky trades and anything else that could harm the bank.” That “expected rebuke” was apparently part of the bank’s move to hasten the departure of CEO Michael Corbat in favor of successor Jane Fraser....By: Robins Kaplan LLP

For several years, buyers and sellers in M&A deals have been turning to representations and warranties (R&W) insurance to allocate risk–and they continue to do so during these unprecedented times. Yet, despite the increasing prevalence of R&W insurance, myths and misconceptions remain. When they are debunked, buyers should have a clearer understanding of the benefits that R&W insurance can bring to a deal. Here are five myths about R&W insurance dispelled......By: Lowenstein Sandler LLP

If not immune to surprise at this point in 2020, that might be the appropriate feeling at the apparent emergence of late-stage suitor Oracle as the winner of the TikTok sweepstakes. Though terms between ByteDance and Oracle are apparently still in flux, it appears the deal “will look more like a corporate restructuring than the outright sale Microsoft had proposed”....By: Robins Kaplan LLP

Peak Rock Capital has completed its acquisition of Paragon Healthcare, according to a news release....By: McGuireWoods LLP

The decline in H1 2020 leveraged finance issuance has seen some lenders intensify their focus on pricing and borrower-friendly loan structures, but lender responses to the impact of COVID-19 have diverged across regions.......By: White & Case LLP

The United States Department of Justice released its revised Merger Remedies Manual on September 3, 2020, providing “Antitrust Division attorneys and economists with a framework for fashioning and implementing appropriate relief . . . in merger cases.” The Manual is the Agency’s guidebook for fashioning and implementing remedies after it has concluded that a proposed merger may substantially lessen competition....By: Proskauer Rose LLP

On September 3, 2020, the Antitrust Division of the U.S. Department of Justice (the “Division”) updated its 2004 “Policy Guide to Merger Remedies,” which had been reinstated when the Division withdrew the 2011 version of that guide in September of 2018. The Division’s issuance of the new Merger Remedies Manual (the “Manual”) provides much-needed guidance to businesses and lawyers concerning the Division’s approach to seeking remedies when a merger is likely to violate Section 7 of the Cl...