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Merger Agreements National Security

Paul Hastings LLP

A Victory for Deal Certainty: Reasonable Best Efforts Covenants Should be Taken Seriously

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The recent decision of the Delaware Court of Chancery in Desktop Metal, Inc. v. Nano Dimension Ltd. and Nano USI I, Inc. provides valuable lessons for both sellers and buyers on deal certainty and reasonable best efforts...more

Sheppard Mullin Richter & Hampton LLP

Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these...more

Jones Day

EU Foreign Subsidies Regulation: European Commission Launches Consultation on Guidelines

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The European Commission seeks stakeholders' views on the guidelines for the application of the Foreign Subsidies Regulation ("FSR")....more

Morrison & Foerster LLP

2024 M&A Annual Review

Our M&A team is honored to have represented clients in some of the most compelling transactions in 2024, from advising the iconic rock band KISS and its co-founders Gene Simmons and Paul Stanley in the sale of all assets...more

Hogan Lovells

The Foreign Investment Screening Regime comes into force in Ireland

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In line with international and European developments, Ireland has introduced a new regime to provide for a process to allow for certain transactions that may present risks to the security or public order of the State to be...more

Jones Day

UK Government Taking Longer With FDI Reviews, but Clearance Rates Higher

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The Situation: On September 10, 2024, the UK government published the third National Security and Investment Act 2021 Annual Report ("2023/2024 Annual Report"), revealing longer processing times for foreign direct investment...more

A&O Shearman

UK National Security and Investment Act: key takeaways from second annual report

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The second annual report on the functioning of the UK’s investment screening regime has been published. We highlight the key points....more

Axinn, Veltrop & Harkrider LLP

The Not-So-Silk Road: The Proliferating Regulatory Obstacles to Chinese Investment in the U.S.

All companies engaged in M&A activity in the United States must plan for enhanced scrutiny from an increasingly aggressive DOJ and FTC, but non-U.S. companies, particularly Chinese companies, must also reckon with another...more

Stikeman Elliott LLP

Private Equity - Recent Developments Of Importance

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The first nine months of 2021 set records for global M&A activity and kept private equity firms especially busy. An abundance of dry powder and low interest rates have encouraged private equity investors to make up for lost...more

Hogan Lovells

This time's for real: German government prohibits acquisition of a tech company by a Chinese acquirer

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Foreign investment control has become a key factor in M&A deals and 2020 has been an eventful year. A large number of economies have introduced foreign investment control regimes or tightened their existing rules....more

Orrick, Herrington & Sutcliffe LLP

President Trump Orders Divestment of U.S. Company; CFIUS Clears Semiconductor Transaction

It has been an active last week in the world of the Committee on Foreign Investment in the United States (“CFIUS”). In addition to CFIUS’s publication of proposed regulations that would impose filing fees for parties’...more

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

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Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

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