From Q1-Q3 of 2023, the U.S. loan market was marked by novel deal patterns and uneven market activity. Initially, the bulk of deals were portfolio work, including amend & extend transactions, covenant relief amendments and...more
In recent months – as credit spreads have continued to widen – sponsors, borrowers and lenders alike have frequently found themselves combing through their loan documents to check the scope of the pricing “MFN” provisions...more
Tips on litigation avoidance: Not making promises you don’t intend to keep is easy enough. Stating a fact or making a promise and things change, you could be a fraudster if you don’t come clean before closing....more
Antitrust claims in a class action case filed against Amazon in U.S. Federal District Court will largely proceed, after the Court allowed most of the consumers’ pricing claims to survive a motion for summary judgment. The...more
As reported in BakerHostetler’s alert of April 11, 2022, President Biden recently signed into law a bill revoking Russia’s most-favored nation, or MFN, trade status. The new law imposed non-MFN tariffs on Russia (and Belarus)...more
On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more
The European Commission published the new Vertical Block Exemption Regulation and related guidelines on May 10, 2022. The purpose of the block exemption is to generally exempt agreements between market players at different...more
This “most-favored-nations” clause in three oil and gas leases on land in LaSalle County, Texas, was at issue in EP Energy E&P Co., L.P. v. Storey Minerals, Ltd. ...more
The situation is a common one. Your company is in the midst of a sales process with a potential customer, and the business principals have decided on the core order form terms — pricing, term, services specifics, and the...more
On April 21, 2022, President Biden further expanded U.S. sanctions against Russia due to its invasion of Ukraine by issuing a new Presidential Proclamation 10371 (“Proclamation 10371”) to bar all Russian-affiliated vessels...more
As Russia’s bloody invasion of Ukraine nears the end of its second month, with regular reports of human rights violations, possible chemical weapons attacks, and head of state musings regarding whether this campaign amounts...more
On April 6, 2022, the U.S. Government announced its latest round of sanctions against the Russian Federation in coordination with the European Union (“EU”) and other allies. President Biden issued Executive Order 14071 (“EO...more
As reported in BakerHosteler’s Alert of March 14, 2022, last month President Biden announced that the United States intended to revoke Russia’s most-favored nation (MFN) trade status (also known as Permanent Normal Trade...more
From my perspective, as well as what seems to be many others in the west and around the globe, the incredibly long table that Vladimir Putin sits behind separating himself from his minions, as well as other country’s visiting...more
Today, by overwhelming margins, Congress passed two pieces of legislation to further punish Russia for its invasion of Ukraine. The bipartisan bills suspend Permanent Normal Trade Relations (PNTR) with Russia and Belarus and...more
In the response to the ongoing war in Ukraine, the Australian Government announced yesterday further economic sanctions against Russia, with Australia to impose a 35 percent tariff on all imports from Russia and Belarus....more
Western sanctions against Russia have continued to broaden substantially into new areas of trade, especially in the energy sector. Policymakers in Washington DC, Brussels, London and other allied capitals also continue to...more
In our February 25 alert, we discussed the U.S. implementation of significant sanctions and export controls on Russia which will severely impact business transactions with Russian entities. In our March 4 alert, we discussed...more
Last week, the United States continued to impose sweeping restrictive measures in response to the conflict in Ukraine, including measures targeting imports of certain Russian energy and “signature” products into the United...more
Watch Out, More Things Are Luxury Than You Think! On March 11, 2022, the President issued Executive Order 14068 (EO 14068) Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian...more
On March 11, President Biden announced that the United States, along with the Group of Seven (“G7”) and the European Union, is taking action to deny Russia most-favored-nation (“MFN”) status, a move that will significantly...more
On March 11, 2022, President Biden called on Congress to revoke permanent normal trade relations (PNTR) with Russia. In a fact sheet regarding actions being taken simultaneously with the European Union and Group of Seven (G7)...more
On March 11, 2022, the Biden administration, along with leaders of the Group of Seven (G7), announced a new round of sanctions on Russia following its invasion of Ukraine, which include restrictions on exports of luxury goods...more
As part of its expanding sanctions against Russia, the Biden Administration on March 8, 2022, issued Executive Order 14066 (“EO 14066,” see here) to bar imports into the United States of Russian crude oil, petroleum;...more
On March 11, 2022, President Biden and the G7 (a group of countries that includes Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States) jointly announced their intention to take steps to revoke...more