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Deal makers must consider how the COVID-19 pandemic has shaped the approach to material adverse change provisions in the U.K. and U.S., and how the new U.K. National Security and Investment Act regime will affect investors across the globe seeking to acquire material influence in a U.K. company, say attorneys at Covington.
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Now more than ever, managing the increasingly complex foreign direct investment considerations for successfully completing cross-border transactions requires parties to be attentive to the evolving regulatory landscape, particularly in the U.K. and EU, say Chase Kaniecki and William Dawley at Cleary.
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In revoking retained EU law and replacing it with U.K.-specific legislation, the new Financial Services and Markets Bill should mean a less cumbersome and more accessible regulatory regime than the existing patchwork of requirements, with provisions that address consumers’ concerns that they were not adequately protected, say attorneys at Ashurst.
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The recent merger control case of Vivendi and Lagardère in France is indicative of a global trend of competition authorities applying stricter standards to concentrations and pursuing an increasingly aggressive enforcement agenda, particularly in the media sector, says Jérémie Marthan at White & Case.
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A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.
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The European Commission's proposed Foreign Subsidies Regulation aims to prevent subsidies that have a distortive effect on competition from being granted to foreign companies, but in directing it against governments that use companies to extend their influence in the EU, the implications are clearly political, say Lena Sandberg and Yannis Ioannidis at Gibson Dunn.
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The U.K.'s move to block an intellectual property deal between Beijing Infinite Vision Technology and the University of Manchester — the first such prohibition under the recently implemented National Security and Investment Act — is part of a growing body of published decisions that provides useful lessons on achieving prompt security clearance, say attorneys at Arnold & Porter.
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The U.K. government recently published long-awaited market guidance notes that add a greater level of transparency regarding the national security and investment regime, providing welcome guidance to businesses and their legal advisers on submitting transaction notifications, say attorneys at Cooley.
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In validating the European Commission's new policy of using Merger Regulation Article 22 to review cases that do not qualify under the merger control rules of the requesting member state, the General Court has demonstrated that the EU is prepared to move the goal posts on well-established commission policy, say attorneys at King & Spalding.
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The lack of alignment between new EU and U.K. rules on vertical agreements is likely to present challenges to multinational businesses, and it would be prudent for legal advisers and companies to bear in mind the most stringent obligations of both, says Robert Bell at Armstrong Teasdale.
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Despite signs of a possible recession, there is still significant M&A activity in the German market, with long-term strategic planning, private equity investors, multiparty involvement and even the state all playing an important role, says Michael Ulmer at Cleary.
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The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.
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Parties are increasingly using e-discovery technologies to control costs, but as a New York federal court order in Actos Antitrust Litigation shows, a well-drafted, negotiated protocol allows them to address potential objections prior to use and helps protect against later claims of incomplete production, say attorneys at McGuireWoods.
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There are signs that the market may be cooling, but recent trends in M&A transactions reflect more than just market strength and indicate that there has been a more general change in deal approach, say attorneys at DLA Piper.
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Opinion
The American Bar Association recently granted law schools some latitude on which tests it can consider in admissions decisions, but its continued emphasis on test scores harms student diversity and is an obstacle to holistic admissions strategies, says Aaron Taylor at AccessLex.