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Contract Terms Investment

Loeb & Loeb LLP

How Private Equity Is Shaping Modern Music Catalog Deals

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Ann Chen, deputy chair of the firm’s Capital Markets & Corporate department, provides an insider perspective on the crossroads of corporate law and entertainment, particularly in the music catalog space....more

Troutman Pepper Locke

Delaware Court of Chancery Allows Amendment of LLC Agreement to Permit Disparate Consideration Where Amendment Provisions Were...

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In Faiz Khan and Ralph Finger v. Warburg Pincus, LLC et al., the Delaware Court of Chancery held that the implied covenant of good faith and fair dealing was not applicable to a private equity sponsor’s amendment of a limited...more

Holland & Knight LLP

Algeria Seeks Oil and Gas Investment

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Algeria, a country with a rich history in hydrocarbon production, is making significant strides in attracting global oil and gas investments. The National Agency for the Valorization of Hydrocarbon Resources (ALNAFT) has...more

Procopio, Cory, Hargreaves & Savitch LLP

Proposed Legislation Would Transform Solar Adoption and Use for Businesses and Homeowners Across California

A bill recently introduced in the California Assembly presents potentially significant impacts to residential, commercial, and industrial solar system owners who filed interconnection applications before April 15, 2023, known...more

Gray Reed

Geophysicist’s Claims Turn on Definitions

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Sewak v. Sutherland Energy Co. Ltd. is of interest for how the court defined terms commonly used in consulting contracts in the oil and gas industry, and how difficult it is to foresee all contingencies when negotiating a...more

Hogan Lovells

Energy Buzz: mitigating political risk in energy and infrastructure projects

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Energy and infrastructure projects often span decades, involve substantial capital investment, and operate in politically sensitive environments. One of the most significant challenges these projects face is political...more

Morrison & Foerster LLP

Navigating New U.S. Tariffs: Questions to Consider

The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more

Katten Muchin Rosenman LLP

Recognition Agreements in Preferred Equity

When making a preferred equity investment behind senior mortgage debt, both the senior lender and the preferred investor will have a number of concerns. Under what circumstances may the preferred investor exercise remedies?...more

Eversheds Sutherland (US) LLP

ISDA publishes version 2.0 of the Equity Definitions VE

On January 21, 2025, the International Swaps and Derivatives Association, Inc. (ISDA) published version 2.0 of the 2002 Equity Derivatives Definitions (Versionable Edition) (Equity Definitions VE). The updated version...more

Morgan Lewis

Investment Opportunities and Regulatory Framework in Kazakhstan

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The Republic of Kazakhstan, having vast reserves of natural resources and being located at the intersection of Europe and Asia, competes for investments in the region. As such, and as laid out in this article, the government...more

A&O Shearman

Vietnam: impact on LNG-to-power projects of the new Electricity Law guiding Decree 56

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On March 3, 2025, the Vietnamese government issued Decree No. 56/2025/ND-CP (Decree 56) which provides detailed guidance on the implementation of a number of provisions of the new Electricity Law regarding developing power...more

Farrell Fritz, P.C.

Beyond the Discount: Why Maturity Terms Matter in Convertible Notes

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When negotiating convertible notes, parties typically focus on the terms of conversion upon an equity financing, most notably the discount and valuation cap.  This is understandable inasmuch as the not-so-hidden secret of...more

Troutman Pepper Locke

A Sharper Focus: Exploring VC Side Letters

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A side letter in the venture capital sector is an agreement between an investor and the company it is investing in that entitles the investor to certain contractual rights, which supplement and are in addition to other rights...more

Mayer Brown

Landmark Victory Secured in Singapore Arbitration Jurisdiction Challenge Case

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A landmark victory was obtained on behalf of Frontier Holdings Ltd (FHL), against Petroleum Exploration (Pvt) Ltd (PEL) in proceedings before the Singapore International Commercial Court (SICC)....more

Dorsey & Whitney LLP

Massachusetts Expands Healthcare Material Change Law, Adds Private Equity in Scope

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On January 8, 2025, the governor of Massachusetts signed into law H.5159, An Act enhancing the market review process (the “Act”). Among various other healthcare market oversight enhancements, the Act expands the authority of...more

A&O Shearman

Contractual Interpretation: eSIMplified

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In Kigen v NOR Capital, the High Court was asked to interpret a clause to determine whether a “Success Fee” was payable by one party to the other. In a useful illustration of how to apply the established principles of...more

Sands Anderson PC

Lawsuit Claiming Fraud Commenced Five Years Too Late: Investors Beware.

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In Zeng v. Wang, the Court of Appeals of Virginia reminded practitioners of a couple important lessons. Here are two of them. First, investors should read and understand the fine print of any prospectus before signing on the...more

Lippes Mathias LLP

Investing in the U.S.: What You Need for a Visa

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There are people all over the world who are interested in investing in the United States. Fortunately, there is a visa classification, the E-2 Treaty Investor, that covers many of them. Originally published by Law360 Canada....more

Carlton Fields

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

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With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more

Farrell Fritz, P.C.

New York Appellate Court’s Split Decision Involving Delaware LLC Pits “Harsh” Contractarianism Against “Fundamental Fairness”

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Last week, the Manhattan-based Appellate Division, First Department, handed down one of the more intriguing decisions by a New York court I’ve seen in a long time involving a dispute between LLC members....more

Amundsen Davis LLC

Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

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Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is...more

Ballard Spahr LLP

Indiana Department of Transportation Expands “Progressive” Alternative Project Delivery Methods

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The Indiana Department of Transportation (INDOT) rolled out its new statutorily authorized pilot progressive design-build (PDB) and construction manager/general contractor (CMGC) transportation infrastructure project delivery...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

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In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Kerr Russell

Lordstown Motors Vs Foxconn: 3 Takeaways For Automakers

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As part of its bankruptcy filing, Lordstown sued its strategic partner, Taiwan’s Foxconn, for allegedly setting in motion the circumstances that drove Lordstown into bankruptcy. Lordstown’s lawsuit teaches valuable lessons. ...more

Wyrick Robbins Yates & Ponton LLP

What is a Management Rights Letter?

Here’s a situation we see often when a company is negotiating a Series A financing. They’ve gotten through diligence, completed the lengthy and difficult process of negotiating, documenting and finalizing the venture...more

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