James D. Rosener, partner in the Commercial Department of Pepper and head of the firm's International Practice Group, was interviewed during The Deal Economy Conference in New York. The conference focused on "Predictions and...more
12/13/2019
/ Acquisitions ,
Business Development ,
Buyers ,
CFIUS ,
Cross-Border Transactions ,
Foreign Investment ,
Investment Opportunities ,
Investors ,
Mergers ,
Private Equity ,
Sellers
Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7...more
9/9/2019
/ Arbitration ,
Arbitration Awards ,
Business Development ,
Chain of Distribution ,
Cross-Border Transactions ,
Debt Market ,
Defense Sector ,
Doing Business ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Relations ,
India ,
International Arbitration ,
Manufacturers ,
Regulatory Agenda ,
Strategic Partnerships
The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world....more
4/29/2019
/ Business Operations ,
Business Taxes ,
CFIUS ,
Delaware General Corporation Law ,
FCPA Guidance ,
Foreign Investment ,
Maritime Transport ,
National Security ,
Nuclear Power ,
Outer Continental Shelf ,
Partnerships ,
Popular ,
Punitive Damages ,
Regulatory Oversight ,
Regulatory Standards ,
Sarbanes-Oxley ,
Takeovers
Deal activity in the domestic M&A market was extremely robust, with initial reports of the total value of deals consummated in the United States exceeding all recent years other than 2015.
Originally published in 2018...more
Today, given the climate for trade, the “America First” policy of the current administration and the concern across Europe regarding protection of its key industries, the scope of review of transactions and industries that...more
8/14/2018
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Foreign Investment ,
National Security ,
Private Equity ,
Technology Sector ,
Trade Relations ,
Trump Administration ,
US Trade Policies
I. Introduction – Business and Legal Climate in the United States.
The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world. The freedom to compete...more
9/27/2017
/ Agricultural Land ,
Airlines ,
Business Development ,
Business Entities ,
Business Taxes ,
Capital Structures ,
Choice-of-Law ,
Defense Sector ,
Foreign Investment ,
Forum Selection ,
Intellectual Property Protection ,
Joint Venture ,
Maritime Transport ,
Mineral Leases ,
National Security ,
Nuclear Power ,
Outer Continental Shelf ,
Public Utility ,
Regulatory Oversight ,
Shareholders' Agreements ,
State Labor Laws ,
Telecommunications ,
Timber ,
Voting Shares
Twelve years have passed since publication of the article Uncle Sam Watches Nervously: Foreign Investment in U.S. Industries in 2004. That article discussed the review process under the Exon-Florio Amendment delegated to the...more
Congress crafted the Exon-Florio Amendment in 1988 to fill gaps that it perceived in federal antitrust, environmental and securities laws, as well as in the general power of the president to declare a national emergency, and...more
Summer 2016 was a season of change. In Europe, we saw the "Brexit," with the United Kingdom voting to withdraw from the European Union. The June referendum sent shockwaves through the business and finance communities and...more
10/6/2016
/ Acquisitions ,
Administrative Law Judge (ALJ) ,
Appraisal ,
Capital Gains ,
Double Taxation ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
India ,
International Data Transfers ,
International Tax Issues ,
International Trade Commission (ITC) ,
Investors ,
Mauritius ,
Patent-in-Suit ,
Patents ,
Personal Data ,
Shareholders ,
Tax Exemptions ,
Tax Rates ,
Tax Treaty ,
Withholding Tax
Delaware state courts have seen a rise in appraisal petitions filed by shareholders dissenting from mergers, with 34 actions filed in the first half of 2016, compared to 16 in all of 2012, according to a recent Wall Street...more
Welcome to the second issue of our newsletter, which features news and articles of interest from Pepper’s U.S.-India Practice.
In the first quarter of 2016, we saw a lot of activity in the international data privacy...more
5/3/2016
/ Bitcoin ,
Blockchain ,
Corporate Governance ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Exit Strategies ,
Foreign Corrupt Practices Act (FCPA) ,
India ,
Internal Investigations ,
Joint Venture ,
Multinationals ,
Peer-to-Peer ,
White Collar Crimes
With debut of the market sell-off in January, expected volatility in the coming months and valuation pressures on small-cap equities, it is reasonable to expect that boards of public companies may consider if there are...more
India cannot sustain its quest for global credibility and endeavor to be an attractive destination for foreign investment if it is believed to be an unreliable venue for enforcing foreign arbitration awards.
Many...more
Cross-border transactions demand cultural sensitivity, patience and understanding. Valuations can be tricky. Due diligence is, almost by definition, harder and more time consuming than domestic planning, with different...more
In today’s robust M&A market, buyers and sellers are both looking for ways to make transactions more attractive to sellers by ensuring that they retain most of the net proceeds after the deal closes. To accomplish this, both...more
As competition for middle-market M&A transactions becomes more acute, prospective buyers, particularly private equity firms, wishing to distinguish themselves from others may employ representation and warranty insurance (R&W...more
In this Issue:
- Indian FDI into the United States
- Indian Imports into the United States
- Formation of US Subsidiaries
- Ownership
- Liability of Equity Holders
- Management...more
The Federal Reserve’s decision to begin tapering its bond buying program is likely to put a dent in M&A activity in 2014 because it will likely lead to higher interest rates, making deal financing more expensive, according to...more
James D. Rosener, Pepper partner and head of the firm's International Practice Group and managing partner of the New York office, was recently featured at The Deal Economy 2014 conference in New York and participated in their...more
12/19/2013
This article analyzes the legal risks and potential consequences of private equity firms collaborating with one another to create consortiums or so-called "clubs" to jointly bid for acquisition of a publicly listed target...more
Originally published in Private Equity and Contract Law360 on February 20, 2013.
Partners of private equity funds and other investment partnerships should take notice of recent Delaware court decisions that have created...more