Legal News

United States Army Corps of Engineers v. John C. Grimberg Co., Inc., No. 2019-1608, 2020 BL 215269 (Fed. Cir. June 9, 2020) - The Court of Appeals for the Federal Circuit reversed a decision by the Armed Services Board of Contract Appeals (“Board”), which had found in favor of a contractor on a Type I differing site condition claim....By: Pepper Hamilton LLP

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in the negotiation of an EPC agreement for a solar or wind project. However, there are several issues that merit special attention in the context of an EPC agreement for BESS projects. Originally published in PV Magazine - June 22, 2020....By: Farella Braun + Martel LLP

The UK government has tabled changes to the Enterprise Act 2002 to expand the circumstances in which the government will be empowered to review foreign takeovers of UK companies. The new rules will allow the government to intervene in foreign takeovers of businesses that are directly involved in the Coronavirus response. Preserving the UK’s Coronavirus-critical companies - In recognition of the vulnerable state that the COVID-19 outbreak has left many businesses, the government laid...By: Wh...

Introduction - Arbitration is simple. Parties select a person or persons — the arbitrator(s) — whose expertise or judgment they trust to resolve their differences in a privatized forum. After each party puts on their case, the arbitrator(s) consider the arguments and evidence and renders a binding decision. Originally published in Dispute Resolution Journal (June 2020, Vol. 74, No. 3). Please see full Publication below for more information....By: Pepper Hamilton LLP

P.A.L. Environmental Safety Corp. v. North American Dismantling Corp. Et Al., No. 19-11630, 2020 BL 198779 (E.D. Mich. May 28, 2020) - A Michigan federal court partially granted Consumers Energy Company’s (“CEC”) motion to dismiss P.A.L. Environmental Safety Corporation’s (“PAL”) complaint alleging numerous causes of action in connection with its suit against CEC and contractor North American Dismantling Corporation (“NADC”) for outstanding payment stemming from asbestos abatement work ...

Since the start of the COVID-19 pandemic, several buyers in M&A transactions have sought to avoid closing on a transaction alleging that the seller experienced a material adverse effect (MAE) or breached interim operating covenants between signing and closing. A MAE is typically defined in the definitive agreement and can be a heavily negotiated point and interim operating covenants have historically been tied to operating in the ordinary course......By: White and Williams LLP

Welcome to Weil, Gotshal & Manges LLP’s survey of private investments in public equity transactions (“PIPEs”) in the United States. In preparing this survey, we reviewed and analyzed the material terms of 9 PIPEs announced between January 1, 2019 and December 31, 2019 involving private equity sponsors or financial investors making investments of at least $100 million. Specifically, the 9 surveyed transactions included the following issuers: - DraftKings Inc. - Ardelyx, Inc. - Verint Syste...

As Canada takes steps towards economic recovery from the COVID-19 pandemic, the health and safety concerns for building occupants are, and must be, paramount. There has been a lot of discussion around the future of office and retail space in Canada, as millions of employees are now working from home and social distancing guidelines limit the number of people allowed in bricks-and-mortar businesses. The issue is better framed, however, by asking how these spaces can be reimagined in a way that......

This week, we provide an update on the Philadelphia City Planning Commission’s newly issued regulations. This summary is followed by our weekly zoning, land use, and construction update. ...By: Ballard Spahr LLP

Nossaman partners hosted a virtual panel discussion on June 3, 2020 covering strategies for successful infrastructure projects in the wake of the global COVID-19 pandemic....By: Nossaman LLP