Legal News

Dear YouDig?, We are a subcontractor and we pride ourselves on being ethical and fair in all aspects of our business. Why is it then that we seem to end up getting burned by dishonest, shady, disgusting creeps?......By: Buckingham, Doolittle & Burroughs, LLC

Megamergers that deprive the American consumer of competition are illegal. But the urge to merge is often so strong that antitrust risks rarely prevent behemoths from the attempt. Long before parties sign deals, issue press releases, and file for government approval, they must decide who will bear the risk that the FTC or DOJ will put the kibosh on the deal....By: Proskauer Rose LLP

The Delaware Court of Chancery (the Court) in In re Homefed Corporation Stockholder Litigation chronicles a controlling stockholder’s failed attempt to use the protections outlined in Kahn v. M & F Worldwide Corp. (MFW) to qualify for a business judgment review of its going-private, minority stockholder buyout....By: Gray Reed

The COVID-19 pandemic has made 2020 a difficult year for many companies looking to do deals. Competition agencies and other government regulators have in many cases slowed down their timeframes or even refused to accept regulatory filings....By: Bryan Cave Leighton Paisner

On a matter of first impression, the Delaware Court of Chancery (the Court) found in In re WeWork Litigation that corporate officers of a Delaware corporation may not unilaterally deny a director of a corporation access to communications with company counsel or outside counsel based on the premise that such communications are privileged....By: Gray Reed

Potential Six-Year Delay in Notice of Flood and Mold Damage “Substantially Prejudiced” Insurer - In Atain Specialty Insurance Company v. Carolina Professional Builders, LLC et al., 2:18-cv-2352-BHH (D.S.C. Oct. 2, 2020), a federal judge in South Carolina granted summary judgment to an insurer after finding that the record clearly supported that although flood and mold damages may have occurred during the policy period, that damage was distinct from the damage being complained about now, whic...

The long-awaited application of the European Union (EU) Regulation on a framework for the screening of foreign direct investment (FDI) in the EU started yesterday, 11 October 2020. It is still early days to anticipate how the EU rules will be implemented in practice by the member states and the European Commission, and what impact will lie ahead in national FDI vetting proceedings....By: Hogan Lovells

On October 2, 2020, the U.S. Small Business Administration (SBA) released a Procedural Notice (the Procedural Notice) that provides a framework to determine whether SBA consent is required for various changes of ownership of an entity that has received Paycheck Protection Program (PPP) funds (each, a PPP Borrower). Although the Procedural Notice was addressed to all SBA employees and PPP lenders, the guidance will ultimately impact any PPP Borrower considering a potential change in control, as.....

Private companies go public for a variety of reasons, including: •raising capital- •providing liquidity for existing owners- •establishing publicly traded currency for acquisitions... Please see full Document below for more information....By: Vinson & Elkins LLP

In recent years, we have seen an increased focus on cybersecurity due diligence in many mergers and acquisitions (M&A) transactions. This directly relates to most organizations being heavily dependant on digital assets to operate and deliver products and services to customers....By: Blake, Cassels & Graydon LLP