In recent months, the Delaware Court of Chancery has decided four significant cases regarding merger agreement earnout provisions. Most notably, in one of the largest judgments ever awarded by the Court, it found Johnson &…
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/ Civil Procedure, Commercial Law & Contracts, Health, Mergers & Acquisitions, Science, Computers, & Technology
On October 14, 2024, California Governor Gavin Newsom signed into effect ABX2-1, which was developed and passed in a special legislative session. The aggressive new law — ostensibly designed to prevent the sort of supply…
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/ Energy & Utilities, Environmental Law
On October 17, 2024, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Supplemental Notice of Proposed Rulemaking (“Supplemental NOPR”) that proposes a reduction to the currently effective index by…
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/ Business Organizations, Energy & Utilities
In May 2023, Jennifer A. Abruzzo (the “General Counsel”), General Counsel for the National Labor Relations Board (“NLRB”), took the position that certain non-compete provisions violate the National Labor Relations Act (“NLRA”)…
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/ Civil Rights, Labor & Employment Law
The first half of 2024 was eventful in the world of environmental, social and governance (“ESG”). Although ESG continued to lose the market tailwinds that have pushed it forward in recent years, regulatory pressures both…
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/ Business Organizations, Environmental Law, Labor & Employment Law, Securities Law
On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing long-anticipated revisions to the Hart-Scott-Rodino Act Premerger…
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/ Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions
On September 23, 2024, the U.S. Department of Justice (DOJ) released an updated version of its guidance to prosecutors on the Evaluation of Corporate Compliance Programs (“ECCP”)…
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/ Business Organizations, Consumer Protection, Criminal Law, Mergers & Acquisitions, Science, Computers, & Technology
Much has been written about the benefits of tax credit transfers following the passage of the Inflation Reduction Act (IRA), but questions remain as to how to actually effectuate a transfer.
This how-to guide provides market…
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/ Energy & Utilities, Finance & Banking, Taxation
In granting certiorari in Facebook Inc. v. Amalgamated Bank and Nvidia Corp. v. E. Ohman J:or Fonder AB, the U.S. Supreme Court signaled its intention to provide further guidance concerning application of the heightened standard…
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/ Civil Procedure, Consumer Protection, Finance & Banking, Privacy, Securities Law
On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing the long-anticipated revisions to the Hart-Scott-Rodino Act…
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/ Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions
On October 7, 2024, the U.S. Supreme Court declined to hear a case concerning the “willfulness” element of the Anti-Kickback Statute (the “AKS”). This decision leaves intact a recent Second Circuit holding, which established a…
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/ Antitrust & Trade Regulation, Civil Procedure, Criminal Law, Government Contracting, Health
In this article, Chris Strong, Steven Wilson and Joe Brown* provide a market analysis of the LNG industry in the Middle East and North Africa region.
In this article, Chris Strong, Steven Wilson and Joe Brown* provide a market…
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/ Energy & Utilities, International Law & Trade
On September 12, 2024, the Department of the Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) issued long-awaited proposed regulations (89 FR 75062) (the “Proposed Regulations”) on the application of the…
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/ Business Organizations, Finance & Banking, Taxation
Internal investigations are key to good corporate governance when a board of directors is presented with credible allegations of misconduct. An effective internal investigation equips the company with information necessary to…
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/ Business Organizations, Labor & Employment Law
When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the third of a multi-part series, we look at two key features to consider when drafting (and applying) your…
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/ Alternative Dispute Resolution (ADR), International Law & Trade
