Legal News

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of construction work, and changes to relevant court filing deadlines....By: Ballard Spahr LLP

Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion The Eleventh Circuit, affirming the district court’s departure from Florida’s four corners rule, held that a pollution exclusion barred coverage for a bodily injury claim arising from exposure to construction debris, even though the operative pleading on its face stated a claim within coverage. The court appl...

COVID-19 and its disruptions are not going away anytime soon. Buyers in M&A deals are wise to keep their pulse on real-time financial and business relationship information given the almost daily changes in the “new normal” business landscape. Buyers with the most up to date financial and business information and who use an iterative approach to processing this information will be better positioned to anticipate and navigate issues. Real-time information is necessary for negotiating valuation,....

Schneider Nat’l Carriers, Inc. v. Kuntz, C.A. No. 2017-0711-PAF (Del. Ch. July 16, 2020) - If parties to a contract offer reasonable but conflicting interpretations of ambiguous contractual language, the Court of Chancery may deny summary judgment and order trial for purposes of weighing conflicting extrinsic evidence and witness testimony to interpret the meaning of the contractual language....By: Morris James LLP

Apple tipped the $2 trillion mark this week, the first U.S. company to reach that valuation milestone, doing so just 2 years after it first hit $1 trillion. That it’s done so in the middle of a pandemic only punctuates how the coronavirus crisis “has been a bonanza for the tech giants”....By: Robins Kaplan LLP

Considerations for PPP borrowers as they apply for loan forgiveness - As the Paycheck Protection Program (PPP) enters its forgiveness phase—where many borrowers have exhausted or are about to exhaust their loans and will begin the process of applying for loan forgiveness—we provide answers to some of the questions most frequently asked by our clients about the program....By: Pillsbury Winthrop Shaw Pittman LLP

Latin American loan issuance has felt the effects of COVID-19 disruptions, but lenders have remained open for business as borrowers turn to bilateral loan revolving credit facilities for liquidity. Loan markets in Latin America (including the Caribbean) fell into steep decline in the first half of 2020 as the COVID-19 outbreak caused the region’s economies and stock markets to tumble....By: White & Case LLP

More and more buyers are using representation and warranty insurance (RWI) to supplement or replace indemnities from a seller in the sale of a business in Canada. While some of our clients, particularly private equity funds, use RWI regularly, other clients find themselves having to quickly familiarize themselves with how it works, sometimes in the middle of a complex mergers and acquisitions (M&A) transaction. Whether you are a RWI expert or not, two recent market reports from AON and Marsh JLT...

As the pandemic-induced recession continues, there will be increasing opportunities for investors to acquire failing businesses at bargain prices. Companies with sound business models that were until recently profitable may now be faced with no better option than to sell their assets for as much as the open market will pay. Buyers of these failing companies will likely have the power to strike favorable deals for amounts that sellers would have summarily rejected six months ago. However, buyers....

In the energy space, smaller companies are finding it harder to compete on their own and larger companies need more scale to improve operational efficiencies and boost shareholder value leading to many business consolidations. This presentation will cover the legal and practical implications of these transactions, including issues specific to public company mergers and executive compensation. The presentation will also touch upon developments in Federal Courts, the Delaware Court of Chancery,.....