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Key Takeaways: Use of Stichtings as an M&A Defence Measure; Contrasting English and Delaware Law

Skadden and Erskine Chambers recently hosted a series of comparative corporate law events in conjunction with the University of Pennsylvania Law School; Queen Mary University of London School of Law; New York University...more

Energy Update - September 2016

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume IX –...

Last month, we discussed the extent to which a foreign buyer can introduce an unacceptable level of foreign ownership, control, or influence (“FOCI”) that, absent mitigation, will render the target ineligible for the facility...more

Ten Hallmarks of an Effective Compliance Program-Hallmark 2 [Video]

In this 10-episode podcast series I take a look at all ten hallmarks of an effective compliance program as set out in the FCPA Guidance. In this episode I review Hallmark 2-Code of Conduct and Compliance Policies and...more

Ten Hallmarks of an Effective Compliance Program-Hallmark 1 [Video]

In this series, I review the Ten Hallmarks of an Effective Compliance Program. This episode premiers Hallmark No. 1....more

$6 Billion Chinese Acquisition Bid Submitted for CFIUS Review Serves as a Wake-Up Call for Companies to Evaluate and Mitigate...

In late July 2016, U.S. technology distributor Ingram Micro, Inc. (Ingram) announced that it would submit its pending $6 billion acquisition by Chinese shipping company Tianjin Tianhai Investment Co. Ltd. to the Committee on...more

Inside M&A - August 2016

Recent Enforcement Trends in Divestiture Packages - The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more

FCPA Compliance and Ethics Report-Episode 272 Miller & Chevalier 2016 Latin America Survey [Video]

In this episode, I visit with Matt Ellis, a partner at Miller & Chevalier on the firm's 2016 Latin America Survey around corruption, compliance and enforcement in Latin America. ...more

New EU Data Protection Rules Move the M&A Goalposts

After over four years of debate, the General Data Protection Regulation (GDPR) recently came into force, taking effect after a two year transition period, i.e. from 25 May 2018. The GDPR introduces a rigorous and far-reaching...more

Didi Acquires UberChina

Uber Technologies Co. announced today that it was selling its Chinese affiliate to rival Didi Chuxing Technology Co. The Wall Street Journal reports that the sale is the end of a three-year effort by Uber to penetrate the...more

Business Law - Amalgamation

The decision to amalgamate the companies should be made in accordance with the provisions adopted for the amendment of the Memorandum and Articles of Association of the company, and will only be valid subject to the approval...more

OECD BEPS Working Groups issue three discussion drafts

The Committee of Fiscal Affairs of the Organization of Economic Cooperation and Development (OECD) has released three documents: its proposed updated guidelines on the application of the transactional profit split, draft...more

2016 Summer Review: M&A legal developments

We set out below a number of interesting English court decisions which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on their implications....more

Brexit: Key issues for corporate transactions and corporate law

M&A transactions in respect of UK corporates are most likely to be affected by the attractiveness of the UK as a post-Brexit investment location....more

Assessing Acquisition Offers from Chinese Buyers - CFIUS and related considerations for technology company boards

Notwithstanding reports earlier this year of transactions that either failed to close (GO Scale / Lumileds; Tsinghua Unisplendour / Western Digital), lost out to competing U.S. bids (China Resources / Fairchild) or were...more

FCPA Compliance and Ethics Report-Episode 269-Mike Volkov on the Johnson Controls FCPA Enforcement Action [Video]

In this episode Mike Volkov and I take a deep dive into the Johnson Controls FCPA enforcement action. ...more

Competition News July-August 2016

The French Competition Authority severely punished the exclusivity practices put in place by company in a dominant position - On June 23, 2016, the French Competition Authority punished the Belgian group Umicore for...more

Brexit: What You Need To Know - Corporate

Our clients have historically engaged in mergers and acquisitions (M&A) activity as a means of creating value for shareholders by ?capitalising on synergies, securing access to new markets and increasing marketshare in those...more

Alert: UK Competition Law after Brexit

On 23 June, the British electorate voted by roughly 52% to 48% to leave the European Union (EU) (an outcome almost universally referred to as ‘Brexit'). While the referendum was purely advisory, and so had no formal legal...more

"Insights Conversations: Employment Factors to Consider in Carve-Out Transactions"

Carve-out transactions can quickly become complicated by employment considerations — who stays, who goes and what practices govern the transitions. At the April 18, 2016, "Skadden Cross-Border M&A Conference 2016:...more

"Sanctions in Takeover Situations: Navigating Regulatory Hurdles"

The U.S. government frequently uses sanctions as a key tool in pursuing its foreign policy agenda. As a result, transactions involving sanctioned individuals and entities (Sanctioned Persons) are often prohibited. The...more

BREXIT: Stay Calm - Effects on Antitrust Expected to be Limited

Should the UK leave the EU, the way how antitrust rules apply to companies based in and doing business in the EU and in the UK is unlikely to change significantly in the short or medium term. Notably, UK domestic...more

FCPA Compliance and Ethics Report-Episode 257-John Boscariol on facilitation payments [Video]

In this episode I have a great review on the pros and cons of facilitation payments with John Boscariol....more

Ground-breaking Antitrust Reform in Thailand

The 1999 Thai Trade Competition Act will soon be amended. The amendments are significant and will create a new independent antitrust authority, expand the scope of the Act, adjust the types and level of sanctions, and...more

SEC – A Computer and Twenty-Seven Minutes To Profit

The SEC’s latest stock manipulation case might be titled “How to make (almost) over $400,000 in just 27 minutes.” The key is to use Williams Act filings not to alert the market and issuer to a potential take-over but to fake...more

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