Legal News

The UK has outlined the details of its new National Security and Investment Bill, heralding the introduction of a new regime for foreign direct investments in the UK. The new regime would introduce, for the first time, a mandatory pre-screening mechanism for deals involving foreign investments in sensitive sectors. This new regime represents a substantial expansion of the foreign investment review mechanism in the UK in terms of both its scope and its powers, and is likely to result in more...By...

As the pandemic drives companies to realign business strategies, look to your corporate treasury function to help prepare for the divestiture of non-core business units. The outbreak of the COVID-19 global pandemic abruptly ended a historic 10-year boom cycle in the M&A market this year. With the gradual reopening of many economies — despite the threat of a second wave of COVID-19 — the M&A pipeline is slowly beginning to rebound....By: FTI Consulting

On October 16, 2020, the Securities and Exchange Commission ("SEC") adopted amendments to certain auditor independence requirements in Rule 2-01 of Regulation S-X. The amendments modernize the rules and "more effectively focus the analysis on relationships and services that may pose threats to an auditor's objectivity and impartiality." The amendments, which were adopted substantially as proposed in December 2019, reflect the SEC staff's experience administering and consulting on the...By: White...

Maintaining records to meet the burden of proof and demonstrate causation in your construction claim or defence is essential. It’s all on you! Burden of proof - The burden of proof to be satisfied in construction matters is in line with civil procedures, namely ‘on the balance of probabilities’. This standard is thought to be vague compared to the higher standard of proof in criminal cases ‘beyond reasonable doubt’. However, who has the burden of proof may depend on the circumstances unde...

UK merger control policy and practice has evolved significantly in recent years.  The Competition and Markets Authority (CMA), gaining a reputation as one of the toughest merger control enforcers in the world, has been at the forefront of developments in merger analysis and processes. The UK is one of the key contributors to the global debate about whether merger control rules should be reformed, for example to…...By: Allen & Overy LLP

As esports have remained resilient during the pandemic, investors have shown a commitment to leveling up esports infrastructure. Historically, esports contests have been held in retrofitted convention centers, casinos and clubs....By: Stinson LLP

In Tuesday's Report: the expanding role of real-world evidence in FDA medical device submissions; President-elect Joe Biden lays out COVID-19 plan; Pfizer announces vaccine efficacy; and an analysis of material adverse change (MAC) clauses in Japan....By: Hogan Lovells

Proposed changes to the UK Takeover Code include simplifying and adding flexibility to the timetable applicable to contractual offers, as well as making offer conditions relating to antitrust clearances subject to the same materiality requirement which applies to other offer conditions....By: Morgan Lewis

Over the past few decades, the design-build delivery method has made a resurgence, presenting an alternative to the traditional design-bid-build project delivery method. In design-build, an owner contracts with a single design-build contractor who bears responsibility for both design and construction, affording the owner the benefit of a single primary contact as well as greater coordination between the design and construction roles. In this webinar, Cohen Seglias partner Mike McKenna will...By...

In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries published on the subject have either adopted a Chicken Little approach (i.e., sky is falling) to describing the changes, or an overly optimistic assessment of their likely implications for proponents of federal actions subjected to environmental review. In order to...By: Nos...