Legal News

Market Trends: What You Need to Know - Over the past almost 15 years covered by the ABA studies, materiality scrapes have morphed from being a somewhat uncommon provision, seen in about 14% of transactions in 2005, to something near-ubiquitous in M&A purchase agreements, now included in 93% of transactions. Originally Published by Bloomberg Law - November 2020....By: Goulston & Storrs PC

On November 2, 2020, the Japan Fair Trade Commission ("JFTC") proposed amendments to relevant rules ("Drafts")  in accordance with the Government of Japan's "Regulatory Reform Implementation Plan" ("Government's Plan") decided by the Cabinet on July 17, 2020.  The JFTC seeks comments from the public, which is due by 6:00 p.m. on Tuesday, December 1, 2020, Japan Time....By: White & Case LLP

On 11 November 2020 the UK Government published its groundbreaking National Security and Investment Bill (Bill). The Bill will drastically expand the Government’s powers to scrutinise investment on national security grounds, through a requirement for mandatory notification of transactions in 17 identified sensitive sectors backed by a ‘call-in’ power applying to an extremely wide range of transactions across all sectors of the economy, with no turnover or market share thresholds (the target n...

Investors and their stakeholders are increasing the use of environmental, social and governance (ESG) criteria to screen investments, causing private equity real estate investment managers to place more focus on measuring their portfolios against environmental sustainability benchmarks (“environment” being the most prominent component of ESG in the real estate space). This stems from factors including the financial risks attributable to climate change, the potential enhanced reputational and.....

The UK’s Competition and Markets Authority (CMA) on 6 November published draft updates to two of its merger guidance documents (CMA2 and CMA56) in preparation for the end of the Brexit Transition Period on 31 December 2020....By: Morgan Lewis

Healthcare businesses represent essential transaction opportunities in the middle market. Despite the current pandemic, healthcare remains a principal area of investment; however, M&A activity has its own unique challenges that require strategic advance planning to avoid merger complications. Join sbLiftOff’s Sharon Heaton and PilieroMazza’s Kathryn Hickey for a one-hour webinar to discuss what the current healthcare M&A marketplace looks like and how you can help maximize your efforts for a....

Does the way you communicate affect whether others trust you? Much, much more than you realize. In this #jammingwithjason episode I speak with Ann Butera about how to make changes in the way we communicate so we are exhibiting all three behaviors of trust. In this #jammingwithjason episode I speak with Ann Butera about how to make changes in the way we communicate so we are exhibiting all three behaviors of trust. You'll be amazed at how some little things we do every day aren't communicated.....

Global retail M&A value increased year on year, as appetite for supermarket and convenience store assets resulted in big-ticket deals - The retail sector has been among the hardest hit by the COVID-19 pandemic. Governmental lockdowns across the globe have spelled disaster for brick-and-mortar retailers, with stores forced to close and mass layoffs a reality for many....By: White & Case LLP

China has moved to strengthen its review of foreign direct investments in 2020 - The PRC Foreign Investment Law (FIL) and its implementation regulations, which establishes the new foreign investment regulatory framework in China, came into effect on January 1, 2020. In addition to escalating the national security review (NSR) system from a set of circulars issued by the State Council and the Ministry of Commerce (MOFCOM) to national law level, the FIL also expands the scope of NSR to capture.....

HUD recently published Mortgagee Letter 2020-36 (ML 2020-36), which updates Federal Housing Administration (FHA) New Construction financing requirements. The updates include, among others: The guidance provided by ML 2020-36 may be used immediately for existing cases but is mandatory for FHA case numbers assigned on or after January 4, 2021....By: Weiner Brodsky Kider PC