Legal News

In the UK, there is currently no separate foreign direct investment (FDI) screening regime. Instead, the UK government can only intervene in limited circumstances where a transaction raises at least one of the following public interest issues: national security, financial stability, media plurality and, as of June 23, public health emergencies. At the time of writing, the government has intervened in 20 transactions in this way,2 notably without blocking any deals....By: Cooley LLP

Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner to release funds that are undisputedly owed to the lienor......By: Bradley Arant Boult Cummings LLP

Financial Institutions M&A sector trends: Consumer finance — H1 2020 and outlook for H2 2020. A time of temperance as COVID-19 covenant breach forbearance, payment holiday and repossession deferral relief measures take their toll......By: White & Case LLP

The CARES Act Paycheck Protection Program (“PPP”) has provided much needed assistance to millions of businesses and other organizations impacted by the COVID-19 pandemic in the United States. This program, however, continues to be fraught with snares and traps for the unwary and the M&A space is no exception....By: Dorsey & Whitney LLP

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

Advance payment guarantees are commonly used in the construction industry. However, successful challenges to a demand made under an advance payment guarantee appear to be less common. This article looks at three recent cases where demands were made under advance payment guarantees, and considers why the attempts to prevent encashment failed....By: White & Case LLP

....The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union (EU). In the U.S., “significant” merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions for which the result of the investigation by the Federal Trade Commission (FTC) or the Antitrust Division of the Department of Justice (DOJ) is a consent order...

Financial Institutions M&A sector trends: Brokers/corporate finance — H1 2020 and outlook for H2 2020. Thinning of the herd continues as "traditional" brokers struggle to remain profitable amidst encroachment by Bulge Bracket and disruption by fintech.......By: White & Case LLP

One - Whilst we have seen a decline in new public activist campaigns and demands since the onset of the pandemic, there is much going on below the surface. Many activists have adopted a "wait and see" approach regarding public campaigns and are instead repositioning themselves to take advantage of share price volatility and preparing for strategic engagement once the path ahead is clearer. We expect to see a rise in engagement in the coming months and are helping companies to prepare for...By: ...

The latest amendments provide new criminal gun jumping rules, broaden the standard of review, and expand EU-wide cooperation. Key Points: ..New gun jumping rules prohibit certain pre-closing cooperation as well as information exchanges and provide for significant fines and criminal sanctions. ..The substantive test (theory of harm) is lowered. Even minority investments can be restricted if public order or security is likely to be affected as a result of the acquisition. ..New filing...By: La...