News & Analysis as of

Due Diligence Disclosure

Paul Hastings LLP

What exactly does “Due Diligence” mean under the CSDDD?

Paul Hastings LLP on

With great fanfare, the Corporate Sustainability Due Diligence Directive (CSDDD) will soon become law in the EU. As many have commented – and we have written about repeatedly for four years (see here, here, here and here for...more

JND Legal Administration

Generative AI and Protective Orders

A recent conversation I had raised a new concern surrounding the use of Generative AI that is worth talking through. Will using Generative AI tools violate obligations surrounding the storage and review of documents...more

Pillsbury - Propel

Disclosure Schedules: What Are They and How Do They Fit into My Deal?

Pillsbury - Propel on

Disclosure schedules are arguably one of the most arduous and time-consuming deliverables on the company-side or seller-side of any transaction. Whether, as  part of the management of your startup, you are tasked with driving...more

Patterson Belknap Webb & Tyler LLP

Analysis of the Fourth Circuit’s Opinion in In re Marriott International, Inc.

On April 21, 2022, the United States Court of Appeals for the Fourth Circuit affirmed the dismissal by the United States District Court for the District of Maryland of allegations that Marriott International had violated...more

Weintraub Tobin

Overlooked Provisions when Negotiating Purchase and Sale Contracts

Weintraub Tobin on

In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel. The...more

Foley Hoag LLP - Global Business and Human...

Ending Forced Labor in Xinjiang: A New Standard for Importers & Corporate Due Diligence

The U.S. Congress has passed a landmark piece of legislation that prohibits the importation of goods from an entire region due to the high risk of severe forced labor abuses there. The legislation – the Uyghur Forced Labor...more

Faegre Drinker Biddle & Reath LLP

‘Trust Me, You'll Love It': Caveat Emptor in Real Estate Transactions

Many people are familiar with the phrase “buyer beware,” or its Latin version, “caveat emptor.” In the sale of real estate, caveat emptor means that (absent contract language or terms to the contrary) a buyer purchases the...more

Manatt, Phelps & Phillips, LLP

Can You Keep a Secret?

Most real estate deals begin with a letter of intent defining the principal terms of the deal, the only enforceable paragraph of which is an agreement to keep the transaction strictly confidential. Prior to the start of due...more

Foley & Lardner LLP

Background Checks? That is the Question

Foley & Lardner LLP on

Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

Cadwalader, Wickersham & Taft LLP

M&A Update: Ohio Federal Judge Blocks Controlling Stockholder’s Tender Offer Based On Target Board’s Conflicts and Stockholder...

In a March 14, 2014 decision that has received little commentary, an Ohio federal court in Spachman v. Great American Insurance Co. took the extraordinary step of enjoining a tender offer by Great American Insurance, a...more

Butler Snow LLP

Best Practices in Periodic Reviews of Participant Directed Retirement Plans

Butler Snow LLP on

Among the duties of a retirement plan fiduciary is the duty to monitor the administration of the plan and to assure that policies and procedures are in place to minimize the risk of errors and deficiencies. While monitoring...more

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