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California’s Push For Diverse Corporate Boards

California Assembly Bill 929 (the “Diversity Bill”), which was passed by the California State Legislature on August 30, 2020, and signed into law by California Governor Gavin Newsom on September 30, 2020, requires domestic and foreign publicly held corporations headquartered in California to include people from underrepresented communities on their boards of directors....By: Gray Reed
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Gray Reed | Oct 13,2020 |

Funds and asset management regulatory news, October 2020 # 2

Climate-related disclosures for asset managers and FCA-regulated pension schemes: FCA correspondence - Correspondence about climate-related disclosure requirements for asset managers and UK Financial Conduct Authority (FCA) regulated pension schemes, between Christopher Woolard, FCA Interim Chief Executive......By: Hogan Lovells
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Hogan Lovells | Oct 13,2020 |

The PPP Meets M&A: Pitfalls For The Unwary Borrower and Lender

The Small Business Administration (SBA) issued a Procedural Notice  on October 2, 2020, detailing required procedures impacting Paycheck Protection Program (PPP) borrowers and lenders if: (i) twenty percent or more of the common stock or other ownership interest of the PPP borrower (an Equity Interest), including a publicly-traded entity, is sold or otherwise transferred, whether in one or more transactions since the date that the PPP loan was approved......By: Gray Reed
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Gray Reed | Oct 13,2020 |

A Guide to Second Requests in the Age of Analytics

Second Requests are high velocity, high volume, and high visibility — under normal circumstances. Now, as legal departments are facing an unprecedented post-pandemic economy, possible administration change, and ever-growing reliance on digital communication, the demands in this final merger step are higher than ever. Having a reliable, repeatable approach to Second Requests allows legal teams to be flexible and responsive when the Department of Justice (DOJ) or Federal Trade Commission (FTC)....
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Legility | Oct 13,2020 |

Descoping: Can the omission of works constitute a breach of contract?

A recent Scottish case considers the contractual power to omit works and highlights key principles applicable to the question of whether omitted works can be transferred to another contractor - The descoping or omission of works (sometimes referred to as "negative variations") relates to the removal of part (or, on rare occasions, all) of the works awarded to a contractor or subcontractor, and is a common feature of construction contracts. ...By: White & Case LLP
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White & Case LLP | Oct 13,2020 |

SBA Issues Procedural Notice Regarding Changes Of Ownership

Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic......By: Tarter Krinsky & Drogin LLP
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Tarter Krinsky & Drogin LLP | Oct 13,2020 |

[Ongoing Program] Life Sciences Dealmaking Symposium 2020 - Part 1 - October 20th, 12:00 pm - 1:00 pm EDT

In a year marked by unexpected challenges and rapid change, staying connected with industry peers and keeping a watchful eye on market trends, policy developments and collaborations in the life sciences space is crucial to bringing innovations to market. Join us virtually for our signature Life Sciences Dealmaking Symposium, where seasoned dealmakers, industry executives and technical experts come together with McDermott's leading life sciences lawyers. Beginning October 20, we'll bring you a.....
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McDermott Will & Emery | Oct 13,2020 |

Dozens of McDonald’s Corporation’s African American Franchisees Sue Alleging Pervasive Racial Discrimination

McDonald’s Corporation (“McDonald’s”) is facing two high-profile lawsuits involving allegations of race-based discrimination against franchisees and executives....By: Gray Reed
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Gray Reed | Oct 13,2020 |

McDonald’s Sues Former CEO to Recoup Millions in Severance Alleging of Improper Employee Relationships

McDonald’s Corporation (McDonald’s) sued its former Chief Executive Officer, Steve Easterbrook, in August 2020 in an effort to force him to repay the $40 million in severance and equity awards provided to him when the company terminated his employment....By: Gray Reed
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Gray Reed | Oct 13,2020 |

Cybersécurité et F&A : la vérification diligente en temps de pandémie

Au cours des dernières années, nous avons constaté qu’un bon nombre d’opérations de fusion et acquisition (« F&A ») ont mis un accent de plus en plus important sur la vérification diligente en matière de cybersécurité. C’est là une corrélation directe avec le fait que la plupart des organisations dépendent largement de leurs actifs numériques pour exploiter leurs produits et services et les offrir à leurs clients....By: Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP | Oct 13,2020 |
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