On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of personal jurisdiction in a dispute with a subcontractor over confirmation of an arbitration award. The appellate court found the subcontractor sufficiently pled personal jurisdiction in accordance with Florida’s long-arm statute and that the contractor’s consent to...By...
Read More
For associations facing a bleak future as a result of COVID-19, a merger with another association in the same field may provide a lifeline. Integrating culture and operations poses challenges, but when they can be overcome, the two organizations can emerge better together. Originally published by ASAE: The Center for Association Leadership, July 2020....By: Pillsbury Winthrop Shaw Pittman LLP
Read More
On July 23, 2020, the Eleventh Circuit Court of Appeals, applying Florida law, looked beyond an operative complaint to relieve an insurer of its duty to defend in BBG Design Build, LLC v. Southern Owners Insurance Company. In the case, the First Amended Complaint alleged that the plaintiff sustained injuries in 2014 when she worked part-time at a domestic resource center that BBG Design Build was renovating....By: Butler Weihmuller Katz Craig LLP
Read More
On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers French foreign investment control for investments by non-European investors in certain French publicly listed corporations. The Interim Rules were initially announced by the French minister of the economy (the Minister) on April 29, 2020, as part of the French government’s...B...
Read More
Financial Institutions M&A sector trends: Specialty finance/marketplace Lending — H1 2020 and outlook for H2 2020 Panacea or plague—-what will the true impact of accreditation for government-backed COVID-19 loan schemes be?...By: White & Case LLP
Read More
In July 2020, Quinn Emanuel achieved a favorable settlement for its client Advent International in the first scheduled “Busted Deal” trial of the COVID-19 era. The week before trial, the parties reached a settlement in which Advent agreed to purchase Forescout, a leader in network access control, for $1.43 billion, a substantial reduction from the original deal size of $1.9 billion it had agreed to just five months earlier....By: Quinn Emanuel Urquhart & Sullivan, LLP
Read More
The COVID-19 pandemic has caused severe disruption, distress and uncertainty for companies across almost every industry. While this initially resulted in a substantial slow-down in the M&A market, transactional activity is expected to accelerate in certain areas as the economy begins to recover; for example, we expect to see more carveouts by companies that seek to divest non-core assets, acquisitions of distressed companies, financings of independent companies that may have liquidity issues,......
Read More
The COVID-19 pandemic has caused severe disruption, distress and uncertainty for companies across almost every industry. While this initially resulted in a substantial slow-down in the M&A market, transactional activity is expected to accelerate in certain areas as the economy begins to recover; for example, we expect to see more carveouts by companies that seek to divest non-core assets, acquisitions of distressed companies, financings of independent companies that may have liquidity issues,......
Read More
In data 14 luglio 2020, è stato pubblicato in Gazzetta Ufficiale il D.Lgs. 14 luglio 2020, n. 75 (di seguito, il “Decreto”). Con il Decreto, che entrerà in vigore il 30 luglio 2020, viene data attuazione alla Direttiva (UE) 2017/1371, relativa alla lotta contro la frode che lede gli interessi finanziari dell’Unione mediante il diritto penale (la “Direttiva PIF”), la cui ratio è quella di “proseguire nel ravvicinamento del diritto penale degli Stati membri completando, per i tipi di condot...
Read More
The changed economic landscape caused by COVID-19, with a shortage of debt financing and volatility in the stock market, has resulted in a dramatic downtick in M&A activity. Not only are buyers skittish about making acquisitions in the first instance, many buyers are now faced with the difficult decision of whether to terminate pending deals that have been signed, but have not yet closed, based on the “material adverse effect” (“MAE”) clause contained in their merger agreements......By: Mor...
Read More