On May 21, 2020, the Securities and Exchange Commission (the SEC) adopted rule amendments that will impact the requirement of Investment Companies (as defined below) to disclose the financial statements of certain of its portfolio companies or of a...By: Eversheds Sutherland (US) LLP
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INTRODUCTION - Part 1 of this distressed M&A series addressed the unique aspects of acquiring distressed companies as compared to financially healthy companies....By: K&L Gates LLP
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In times of uncertainty and disruption, setting expectations for performance with business partners and contractual counterparties can be more complicated than ever. Companies that develop drugs, biologics and medical devices have considerable...By: Skadden, Arps, Slate, Meagher & Flom LLP
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On June 1, 2020, the Criminal Division of the U.S. Department of Justice (DOJ) released updates to its Evaluation of Corporate Compliance Programs guidance (Guidance), last revised in April 2019....By: Skadden, Arps, Slate, Meagher & Flom LLP
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Internet data center (“IDC”) projects in China have attracted ever-increasing investment interest from investors outside of China. Post-COVID-19 outbreak, this sector has become even hotter as more businesses seek to move online, thus driving greater...By: Morrison & Foerster LLP
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On June 1, 2020, DOJ updated the guidance that its prosecutors use to evaluate corporate compliance programs. The guidance is critical to companies subject to the FCPA and other corporate criminal liability, as it informs prosecutors’ charging and...By: Cadwalader, Wickersham & Taft LLP
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Rising infection rates around the U.S. and the globe are worrying markets, as fear of a second wave of cases linked with the reopening of the economy freaks out traders....By: Robins Kaplan LLP
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The ongoing Scottish case of Serco Limited v Forth Health Limited highlights the difficulties that can arise when applying benchmarking and market testing provisions in long-term maintenance and service agreements. Benchmarking and market testing of...By: White & Case LLP
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The IRS issued Notice 2020-39 on June 5, 2020, to provide relief from certain deadlines under Section 1400Z-2 of the Internal Revenue Code of 1986 and the U.S. Department of the Treasury regulations thereunder (the Opportunity Zone Rules). Consistent...By: Holland & Knight LLP
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Fortis Advisors LLC v. Allergan W.C. Holding Inc., C.A. No. 2019-0159-MTZ (Del. Ch. May 14, 2020). Plaintiff, as representative for the former stockholders of Oculeve, Inc., sued Defendant Allergan for alleged material breaches of the Merger...By: Morris James LLP
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