News & Analysis as of

Negotiations Compliance

Ropes & Gray LLP

Negotiating Economics: What are the Different Advantages of Co-Investment for GPs and LPs?

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GPs are increasingly exploring formalised co-investment structures in a bid to secure management fees and carried interest. Co-investment activity has increased fivefold over the past two decades, hitting a record $33.2...more

ArentFox Schiff

The USMCA Advantage: Avoiding the 25% Tariff for Your Company’s Bottom Line

ArentFox Schiff on

The latest US tariff actions have rattled North American trade, but businesses that understand the United States-Mexico-Canada Agreement (USMCA) have a significant advantage....more

Proskauer Rose LLP

What Being An 'Insider' Means In Ch. 11, And Why It Matters

Proskauer Rose LLP on

After nearly a decade of historically low interest rates, many borrowers will now have to grapple with near-term maturities between 2025 and 2028 on approximately $4.9 trillion of corporate debt. While some borrowers may...more

Proskauer - Government Contractor Compliance...

OFCCP Issues Directive Updating Expedited Conciliation Procedures

On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and...more

Akin Gump Strauss Hauer & Feld LLP

Which Clubs Do You Belong to? Opportunities and Challenges for Businesses in a World That Is Getting Clubbier

A few weeks ago, The Economist published an excellent article that drew a contrast between the trade protectionism dominating U.S. politics and the more proactive trade agendas being pursued by other countries, such as the...more

Foley & Lardner LLP

The Importance of Due Diligence in M&A Transactions

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In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more

Foley Hoag LLP

Medicare Drug Price Negotiation Program Initial Guidance

Foley Hoag LLP on

On March 15, 2023, the Centers for Medicare & Medicaid Services (CMS) issued an initial guidance regarding the Medicare Drug Price Negotiation Program (Negotiation Program) established by the Inflation Reduction Act of 2022...more

Sheppard Mullin Richter & Hampton LLP

Healthcare Reforms Under the IRA: Expanding Access to Care

The Inflation Reduction Act (“IRA”) was signed into law by President Biden on August 16, 2022. The expansive legislation includes key health care provisions, including drug pricing reforms, inflationary rebates, Medicare Part...more

The Volkov Law Group

The Danger of Internal Controls Enforcement: The Andeavor SEC Settlement

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The internal controls provision in the FCPA statute has broad application to a variety of situations beyond foreign bribery.  The Securities and Exchange Commission knows full well the power of the internal controls provision...more

Thomas Fox - Compliance Evangelist

The CCO: Model for Ethical Leadership in an Organization – Part 2

What is ethical leadership? Do you base it on something as simple and straight-forward as Don’t Do Evil or is it grounded in one of the more well-known philosophers, such as Jeremy Bentham and utilitarianism, John Stuart Mill...more

Thomas Fox - Compliance Evangelist

The CCO: Model for Ethical Leadership in an Organization – Part 1

What is ethical leadership? Do you base it on something as simple and straight-forward as Don’t Do Evil or is it grounded in one of the more well-known philosophers, such as Jeremy Bentham and utilitarianism, John Stuart Mill...more

Thomas Fox - Compliance Evangelist

Farewell to Harrison Dillard and a CCO Using Empathy

As a Chief Compliance Officer (CCO) one of the most powerful tools you have is persuasion. Jenny O’Brien, CCO at UnitedHealthcare, has talked about the techniques that a CCO can use to influence decision making in a company...more

Thomas Fox - Compliance Evangelist

Hardball Negotiation With The SEC And DOJ?

Ed. Note-in light of Avon’s recent disclosures regarding its negotiations to resolve its outstanding FCPA issues, I thought about what a shareholder might say to the Board. Today’s post are those musings… Memo: The...more

Baker Donelson

Emerging Statutory Threats to Recourse Triggers

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A new type of threat is emerging that may thwart special servicer collections: retroactive state legislation. For most CMBS collection actions involving nonrecourse loans, the issue of springing recourse triggers (so-called...more

Mintz

When a Non-binding Term Sheet Becomes Binding

Mintz on

Tire-kickers, prevaricators and those who might otherwise agree on a term sheet with little intention of closing the deal beware: A “non-binding” term sheet is sometimes binding....more

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