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The Growing Importance of M&A Due Diligence: Latest Trends and Developments You Should Know
Every year, new issues relating to mergers and acquisitions (M&A) continue to emerge along with the increasing volume of transactions. With COVID-19 further complicating the current landscape, dealmakers need to be equipped now more than ever to properly navigate potential risks.
A Practical Guide on Distressed Debt, Restructurings, and Workouts: What You Need to Know and Do
The economic turmoil brought by the COVID-19 pandemic has given rise to a wave of distressed companies. Because of today's chaotic economic landscape, these distressed companies need to be more well versed in dealing with their debts and obligations. With the unprecedented challenges of managing distressed debts in the backdrop, both lenders and creditors will need to explore available options such as restructurings and workouts with increased prudence.
Antitrust Merger Enforcement Trends and Developments: What’s New and What Lies Ahead
In the US, the calls to step up enforcement of the antitrust laws have been heating up, as evidenced most prominently by President Biden’s Executive Order on Competition. The broad-reaching order, which contained 72 specific initiatives directed across multiple federal agencies, aims to address some of the most pressing competition issues across the economy. In particular, it encourages the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) to vigorously enforce current competition laws, revisit anticompetitive mergers, revise merger guidelines, and increase scrutiny of future mergers. Responding to this call, the FTC announced its decision to rescind the Vertical Merger Guidelines, and both agencies have signaled their intent to revisit the Horizontal Merger Guidelines and the Vertical Merger Guidelines. Chairwoman Lina Khan has similarly initiated a number of policy changes at the FTC aimed at more aggressive antitrust enforcement.
Trends and Developments in Cannabis Regulations: Hot Buttons You Should Know
Recent and emerging developments continue to reshape the regulatory landscape of cannabis industry. On February 8, 2021, various companies and advocates founded the United States Cannabis Council (USSC) which is regarded as one of the largest cannabis unions to date.
FATCA and CRS Reporting: Recent Trends, Developments and Critical Issues
Critical and emerging issues surrounding Common Reporting Standard (CRS) continue to affect global financial institutions. More and more businesses are becoming vulnerable to financial risks and disputes because of the stiffer compliance requirements as well as the complexities brought by the COVID-19.
CFIUS and the Global Venture Capital Funds: Trends, Updates, and Critical Issues Explored
Emerging developments have brought sweeping changes to the regulatory landscape of Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 and Committee on Foreign Investment in the United States (CFIUS). Recently, FIRRMA extended the scope of CFIUS review on covered transactions – a move which calls for a closer watch on foreign investments, export controls, and national security. Moreover, CFIUS also released its final regulations for mandatory filing process and requirements creating additional issues and challenges for all concerned practitioners.
What’s New for the Product Liability Landscape: Demystifying Critical Issues and Effective Risk Mitigation Strategies
The continuous rise of COVID-19 cases has made the product liability landscape trickier now more than ever. Current and emerging risk issues that manufacturers should monitor include novel medical product claims, indemnity disputes, and non-specialist manufacturer liabilities.
DOJ’s Heightened Enforcement on “No-Poach” Agreements: Hot Buttons to Consider
In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued its Joint Guidance for Human Resources Professionals on no-poach agreements. Since then, the Antitrust Division has continuously emphasized its initiatives in scrutinizing potential anticompetitive employment agreements.
What’s New for ITC Litigation and Enforcement: Trends and Challenges Explored
Recent developments concerning International Trade Commission (ITC) litigation and enforcement continue to shape the international trade law. With the onset of the COVID-19 pandemic, the number of new complaints filed at the ITC surged in the second half of 2020.
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