Legal News

Environment, social and governance (ESG) has in recent years become a top priority for the asset management industry. In this paper, we look at why this has happened and what it means for investors investing in real estate funds and their fund managers....By: Dentons

Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested further briefing to assess whether insurer‐specific MDLs should be created. On October 2, 2020, the Panel determined that it was appropriate to centralize 34 business interruption actions against Society Insurance Company, a regional insurer operating in six Midwestern state...

The EU has published a call for contributions to gather ideas and proposals on how EU competition rules (State aid, antitrust, and merger control) and sustainability policies can best work together. The aim is to gather the widest set of views possible to determine how the competition rules should be amended (if need be) to help facilitate the transition to a green economy. The deadline for contributions is 20 November 2020. The contributions will feed into a conference taking place in early......

M&A transactions involving government contractors are subject to a host of regulatory and industry-specific considerations. This blog series covers key concerns that can impact a deal. Parts 1 and 2 focus on common problems that arise before and during a transaction. They are available here and here. Below we drill down on post-transaction pitfalls in government contractor M&A transactions that can jeopardize the value of the target company....By: PilieroMazza PLLC

Failure to name a necessary party when challenging a land use determination may result in dismissal, and leave a challenger without further recourse. CPLR 1003 provides that the nonjoinder of a party who should be joined under CPLR 1001 (i.e. a person ought to be a party if he or she might be inequitably be affected by a judgment in the proceeding), is a ground for dismissal without prejudice....By: Farrell Fritz, P.C.

ConocoPhillips is doubling down on its commitment to the Midland basin by buying Concho Resources Inc. in “an all-stock transaction valued at $9.7 billion,” even “as the American shale-drilling industry is facing a downturn after a historic crash in oil prices amid the Covid-19 pandemic”....By: Robins Kaplan LLP

The Small Business Administration (SBA) today issued a significant final rule addressing numerous issues of interest to Federal contractors. With one exception, the rule will take effect on November 16, 2020. We anticipate addressing the more important changes in greater detail in the coming days, but the following is a non-exhaustive list of what we consider the highlights of the 54-page rule:......By: Morrison & Foerster LLP - Government

On October 2 the U.S Small Business Association (“SBA”) issued a Procedural Notice outlining the requirements for the closing of change of ownership transactions for those borrowers who have loans under the Paycheck Protection Program (“PPP”)....By: Pullman & Comley, LLC

The ability to raise capital is one of the most critical challenges facing small businesses in the U.S. today. Capital can allow for exponential growth of a well-run startup with a good idea, but the lack of capital is the death knell for many others. While many small companies initially rely on friends and family for funding, there has perennially been a gap between raising money from those in your immediate circle and working with investment bankers who are registered broker-dealers for larger...

I want to emphasize again the risks JVs pose under the FCPA. Mike Volkov has stated, “A joint venture requires the integration of disparate company cultures. It can be successful and is usually one of the significant reason for the joint venture itself.” Both parties should assess each other and decide that the JV is a good fit, meaning that each side will benefit. Too much time is spent on looking at the JV partner’s compliance toolbox (i.e., policies, procedures, and controls), and not enou...