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Mitigation

Goulston & Storrs PC

What's Market: Damage Mitigation Provisions

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In M&A transactions, the definitive purchase agreement (whether asset purchase agreement, stock purchase agreement, or merger agreement) typically contains representations, warranties, and covenants, along with related...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … International Mergers & Acquisitions (Part 2 of 4): Understanding the CFIUS...

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CFIUS is an interagency committee that evaluates the national security implications of foreign investments on the U.S. economy and infrastructure. CFIUS possesses statutory authority to “make an investigation to determine the...more

Dechert LLP

Highlights from the CFIUS Annual Report

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The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more

Wiley Rein LLP

CFIUS Annual Report For 2023 Highlights Increasing Focus on Compliance and Enforcement Despite Reduction in Cases

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The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released the public version of its Annual Report to Congress for the calendar year 2023. The report shows an increasing emphasis on...more

Morrison & Foerster LLP

Key Points from the 2023 CFIUS Annual Report

On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2023. In a year that featured lower deal volume, CFIUS...more

Torres Trade Law, PLLC

Treasury Releases CFIUS 2023 Annual Report

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On July 23, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) released its annual report to Congress regarding the Committee’s national security reviews and investigations of certain...more

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

Paul Hastings LLP

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

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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

Roetzel & Andress

My Safe Florida Condominium Pilot Program Offers Hurricane Mitigation Assistance

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House Bill 1029 established The My Safe Florida Condominium Pilot Program (the “Program”) effective July 1, 2024. This new Program aims to assist eligible condominium associations by offering hurricane mitigation inspections...more

Venable LLP

CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

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As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement...more

White & Case LLP

Constructing the low-carbon economy

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With an unprecedented momentum for the construction of new major projects linked to the shift away from fossil fuels and the development of a low-carbon economy, there is a real focus on construction law issues relevant to...more

Holland & Hart LLP

CFIUS Proposed Rule Aims to Strengthen Penalty and Enforcement Measures

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The US Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently released a Notice of Proposed Rulemaking (NPRM) to augment certain CFIUS...more

Faegre Drinker Biddle & Reath LLP

Proposed Changes to PTE 2020-02 that Impact Broker-Dealers

The DOL has proposed amendments to its regulation defining fiduciary advice so that, in most cases, a single recommendation to a retirement investor will be a fiduciary act.  In addition, the DOL has proposed amendments to ...more

White & Case LLP

CFIUS Proposes Regulatory Updates to Shorten Mitigation Negotiation Timelines for Transaction Parties & Expand CFIUS Authorities...

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On April 11th, the US Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking (NPRM) to "enhance certain CFIUS procedures and sharpen...more

Holland & Hart LLP

Key Takeaways from Final Revisions to Endangered Species Act Regulations

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On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered...more

Perkins Coie

Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land

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After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project’s conversion of agricultural land, the Fifth Appellate District held that ACEs...more

Farella Braun + Martel LLP

Still in the Line of Fire: CEQA Claim Challenging Firing Range Not Moot After Project Completion

In an opinion filed on March 29, 2024, the First District Court of Appeal found that a CEQA claim was not mooted by completion of a project to demolish an existing shooting range and to construct a new shooting range...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

Miller Starr Regalia

Fifth District Clarifies That Agricultural Conservation Easements (ACE’s) Qualify As Legally Permissible “Compensatory Mitigation”...

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In a partially published (but mostly unpublished) opinion filed on March 7, 2024, the Fifth District Court of Appeal reversed the trial court’s judgment and writ-discharge order which had upheld Kern County’s most recently...more

(ACOEL) | American College of Environmental...

Building on the IRA’s Farm Policy Momentum

On August 16, 2022, President Biden signed into law the Inflation Reduction Act (IRA), historic legislation that for the first time directly addresses climate change mitigation across multiple sectors, including agriculture....more

StoneTurn

Risk Awareness and Mitigation in Disaster Recovery: After a Catastrophe

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Natural disasters, while undoubtedly disruptive and damaging, can serve as powerful catalysts for organizational transformation if approached with foresight and strategic intent. As we’ve explored, successful post-disaster...more

Lerman Senter PLLC

All Providers Must Submit Expanded Filing in Robocall Mitigation Database by February 26, 2024

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The Federal Communications Commission has set a February 26, 2024 filing deadline for all providers in the call chain, regardless of STIR/SHAKEN status or whether they have the facilities to implement STIR/SHAKEN, to file...more

Mintz

An Employee's Luxury of Thought

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The recent Wall Street Journal piece about giving employees the time and space to think raises some good points about creativity and problem-solving and why speed doesn't always matter when it comes to productivity. While I...more

Best Best & Krieger LLP

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part One

In Part One of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to public contracts, local agencies and public employees. Below we provide takeaways and...more

Foley Hoag LLP - Security, Privacy and the...

CISA Publishes Mitigation Guide to Combat Cyber Threats in the Healthcare and Public Health Sectors

If you need a little intellectual stimulation after hours of Thanksgiving turkey and football, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) has just the thing — the new CISA Mitigation Guide for the...more

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