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Documents on Mergers And Acquisitions
 

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HTMLJebel Ali Free Zone Companies Now Able to List on NASDAQ Dubai
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 2, 2014
Companies established in the Jebel Ali Free Zone (JAFZ) can now apply to list shares on NASDAQ Dubai.

 

Adobe PDFEU Competition Law: European Commission Imposes €20 Million Fine for Failing to Notify a Merger Under the EU Merger Regulation
Sullivan Cromwell LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
On 23 July 2014, the European Commission fined Marine Harvest ASA €20 million for failing to notify its acquisition of Morpol ASA in accordance with the EU Merger Regulation and closing the transaction prior to receiving the European Commission’s approval. This is the first time the...

 

HTMLD.C. Circuit Decision in Ralls Corp. v. CFIUS May Provide a Peek Behind the Government’s CFIUS Curtain
Raechel Keay Anglin, Rebecca S. Hartley, Carl A. Valenstein; Bingham McCutchen LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
If the recent D.C. Circuit decision in Ralls Corp. v. Committee on Foreign Investment in the United States, et al., No. 13-5315 (D.C. Cir. July 15, 2014) stands, it may change the review process, if not the outcome, of reaching a Committee on Foreign Investments in the United States...

 

HTMLEuropean Commission Pushes Forward on Merger Review Expansion to Minority Acquisitions With a Competitive Link
Davina Garrod; Bingham McCutchen (London) LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
Controversial EC proposals to review certain acquisitions of non-controlling minority acquisitions are now out for consultation until 3 October 2014. The proposals, contained in a White Paper, come amidst continued opposition from businesses and the investor community, and are of particular concern...

 

HTMLCourt Finds CFIUS Violated Ralls Corporation’s Due Process Rights
John M. Beahn, Joshua F. Gruenspecht, John P. Kabealo, Ivan A. Schlager, Malcolm J. Tuesley; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
July 19, 2014, previously published on July 17, 2014
On July 15, 2014, the United States Court of Appeals for the District of Columbia remanded Ralls Corporation’s (Ralls) precedent-setting case against the Committee on Foreign Investment in the United States (CFIUS or the committee) and President Obama to district court for the enforcement of...

 

HTMLEuropean Commission Issues Merger Reform White Paper Regarding Minority Shareholdings and Member State Referrals
Simon Baxter, Frederic Depoortere, Giorgio A.L. Motta, Ingrid E. Vandenborre, James S. Venit; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
July 17, 2014, previously published on July 9, 2014
On July 9, 2014, the European Commission published its proposal (White Paper) outlining the approach it intends to adopt with respect to the application of the EU Merger Regulation (EUMR) to the acquisition of minority shareholdings. The White Paper also sets out proposals to streamline the member...

 

HTMLDon’t Leave It Out of Your Earn-Out - Delaware Court of Chancery Addresses Implied Covenant of Good Faith and Fair Dealing in the Context Contingent Purchase Price Provisions
Jennifer Brady, Kenneth A. Gerasimovich; Greenberg Traurig, LLP;
Legal Alert/Article
July 15, 2014, previously published on June 26, 2014
When negotiations over the purchase price in a business acquisition hit an impasse, an earn-out may be a useful device to bridge the gap between the buyer and seller. Under an earn-out provision, a portion of the purchase price is paid post-closing based on the future performance of the acquired...

 

HTMLM&A Update | Inversions: The View from Ireland
Christopher T. Cox, Paul Dunbar, Linda Z. Swartz, James C. Woolery; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
July 15, 2014, previously published on July 7, 2014
On June 25, 2014, Ireland’s Taoiseach (Prime Minister) Enda Kenny and Minister for Finance Michael Noonan, among others, met with Cadwalader Chairman-elect and Corporate Group Co-Chair James C. Woolery in Dublin regarding foreign direct investment in Ireland and, specifically, the recent...

 

HTMLDelaware Supreme Court: Controller Buyout Mergers can now be Reviewed under Business Judgment Rule
Clifford E. Neimeth; Greenberg Traurig, LLP;
Legal Alert/Article
July 14, 2014, previously published on June 26, 2014
In a significant case of first impression, the Delaware Supreme Court, in Kahn v. M&F Worldwide Corp. (M&F Worldwide), No. 334, 2013 (Del. Mar. 14, 2014), unanimously affirmed that a controller’s buyout of its subsidiary in a negotiated merger is entitled to judicial review under the...

 

HTMLThe Landmark Tsilhqot’in Nation Decision: What it Means for Project Developers in Canada
Laura Easton, Heather L. Treacy; Davis LLP;
Legal Alert/Article
July 11, 2014, previously published on July 3, 2014
On June 26, 2014, the Supreme Court of Canada (the “Court”) issued a landmark ruling in the area of aboriginal law with its decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (the “Decision”). The Court declared that the Tsilhqot’in Nation, a...

 


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