On October 12, 2020, in Travelport Ltd & Ors v WEX Inc [2020] EWHC 2670, Justice Cockerill of the English High Court held that WEX had in large part correctly interpreted the terms of the material adverse effect (MAE) clause...more
10/17/2020
/ Acquisitions ,
Buyers ,
Carve Out Provisions ,
Contract Drafting ,
Contract Interpretation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Law & Motion Hearings ,
Material Adverse Effects ,
Popular ,
Sellers ,
Share Purchase Agreements ,
Specific Performance ,
Travel ,
UK
In recent months, European states have raced to implement protections against opportunistic acquisitions of key local businesses by foreign buyers amid the economic disruption caused by the spread of COVID-19. ...more
Addressing the Evolving Risks -
Warren Buffett said that “only when the tide goes out do you discover who’s been swimming naked.” Buffett was not talking about compliance programs in a time of crisis, but his wisdom applies...more
5/2/2020
/ Anti-Corruption ,
Anti-Money Laundering ,
BSA/AML ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Misconduct ,
Cybersecurity ,
Disclosure Requirements ,
Economic Sanctions ,
Enforcement Actions ,
FFIEC ,
Financial Distress ,
Financial Fraud ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Market Manipulation ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Public Health Emergency ,
Publicly-Traded Companies ,
Risk Assessment ,
Risk Mitigation ,
Sanction Violations ,
Securities and Exchange Commission (SEC)
The coronavirus pandemic has weakened European economies and companies. EU and national governments have expressed concern that foreign investors may opportunistically take advantage of the crisis to acquire domestic...more
4/21/2020
/ Acquisitions ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Enterprise Act 2002 ,
EU ,
European Commission ,
Foreign Investment ,
France ,
Hostile Takeover ,
Merger Controls ,
Mergers ,
National Security ,
National Security Review Proceedings ,
Publicly-Traded Companies ,
Technology Sector ,
UK
In this series, “Critical Thinking in the Time of COVID-19,” our European tax practice examines the next stage of analysis for corporates that have begun digesting the economic and legal impact of COVID-19 on their...more
4/6/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Corporate Taxes ,
EU ,
France ,
Germany ,
International Tax Issues ,
Lobbying ,
Social Insurance Contributions ,
State Aid ,
UK
The global spread of the novel coronavirus has disrupted everyday life all over the world and imposed significant difficulties on the business community. Antitrust merger reviews — and the authorities who conduct those...more
4/3/2020
/ Asia ,
China ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
Notice Requirements ,
Office Closures ,
Relief Measures ,
Saudi Arabia ,
South America ,
State Administration for Market Regulation (SAMR) ,
UK ,
UK Competition and Markets Authority (CMA)
State measures to combat the spread of COVID-19 have brought many countries across Europe to a standstill. While health care systems struggle to respond, the pandemic has also provided “a major shock for our economies.”1...more
3/31/2020
/ Antitrust Violations ,
Collaboration ,
Competition Authorities ,
Coronavirus/COVID-19 ,
EU ,
European Commission ,
Foreign Investment ,
Merger Controls ,
National Security ,
Personal Protective Equipment ,
State Aid ,
Supply Chain ,
UK ,
UK Competition and Markets Authority (CMA)
As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While...more