Legal News

For those interested in availability payment (AP) or service payment structures for public-private partnerships (P3s), June 15, 2020, was an important day despite lack of fanfare....By: Ballard Spahr LLP

Steven Saunders outlines the role of IP in corporate transactions, what investors and acquirers do, how to conduct IP due diligence, how to make your IP stand out, how to drive your IP assets to support your story, how an IP plan will support your business, freedom to operate studies, and more. Please see full Article below for more information....By: Nutter McClennen & Fish LLP

IN BRIEF - Two recent contested merger cases, the Vodafone/TPG merger and Pacific National's (PN) acquisition of Aurizon's Acacia Ridge Terminal (ART) (PN acquisition), have provided valuable guidance for the appropriate application of merger law in future mergers in Australia....By: K&L Gates LLP

On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control mechanism to review competitive distortions, (ii) a mandatory ex ante notification mechanism that would allow the Commission to review foreign subsidised acquisitions, including certain minority investments, and (iii) the possibility to exclude bidders that have received...By...

High yield and leveraged loan issuance in North America and Western and Southern Europe for the technology industry reached an 18-month high in Q1 2020. The sector raised US$52.2 billion, an increase of almost 75% over Q4 2019 figures and double Q1 2019 issuance....By: White & Case LLP

In Part 1 of this series of posts, we discussed how business owners must think beyond the near term and that certain Buyers may view this as an opportune time to acquire a company while certain Sellers may be thinking that the best path forward is to sell their companies. In Part 2, we discussed some initial steps for Buyers and Sellers in preparing to buy or sell the struggling business. In Part 3, we went over due diligence and structuring the transaction. In Part 4, we outlined risks and risk...

Although the M&A market may have slowed since the beginning of the COVID-19 pandemic, strategic buyers with strong balance sheets and financial buyers with sufficient “dry powder” continue to eye opportunistic acquisitions. M&A practitioners must consider tailoring their deal documents to specifically address issues unique to the new operating environment that the pandemic has created for many businesses. Below are a few features to keep in mind when navigating due diligence and preparing deal...

After years in the making behind closed doors, on February 14, 2020, the California Department of Toxic Substances Control (DTSC), the San Francisco Bay Regional Water Quality Control Board and the California State Water Resources Control Board released their draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance). Despite extending the public comment period due to COVID-19, on June 1, 2020, the state closed the opportunity for the public to comment on the VI...By: Ma...

In Mech. Inc. v. Venture Elec. Contrs., Inc., No. 2018AP2380, 2020 Wisc. App. LEXIS 170, the Court of Appeals of Wisconsin, District Two, considered whether a party may bring a negligence claim for purely economic damages. In upholding the lower court, the appellate court found that a party is barred by the Economic Loss Doctrine from bringing a negligence claim for purely economic damages....By: White and Williams LLP

COVID-19 has impacted international construction projects in historic and largely unanticipated ways. Construction workforces have evaporated under enforced stay-at-home orders and concerns about worker and societal health and welfare. Projects are slowed by new and unforeseen safety precautions. Supply chains have been disrupted on a global scale....By: Faegre Drinker Biddle & Reath LLP