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Documents on Mergers And Acquisitions, Government
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|Governance Perspectives: Director Compensation Bylaws|
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
August 23, 2013, previously published on August 2013In two recent high-profile proxy contests, shareholders entered into incentive compensation arrangements with their director nominees that were intended to reward their particular nominees for increases in shareholder value or the activist’s profits. Elliott Management agreed to pay its...
|Key Changes to the UK Takeover Code - 30 September 2013|
Shawn E. Atkinson, Andrew Overend; Edwards Wildman Palmer LLP;
August 7, 2013, previously published on August 2013On 30 September 2013, a number of significant changes to the UK Takeover Code (“Code”) will come into effect. Although these changes are not sweeping reforms like the September 2011 Code changes, they are significant and relate to profit forecasts, statements about potential synergies...
July 2, 2013, previously published on June 2013This Africa Bulletin outlines in brief a few of the recent legislative, constitutional and commercial developments in Africa during the first half of 2013.
|Congress Enacts Major Changes Regarding Limitations on Subcontracting|
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
February 12, 2013, previously published on February 11, 2013On January 3, President Obama signed into law the 2013 National Defense Authorization Act (“NDAA” or “the Act”). The Act seeks to change a number of acquisition provisions applicable to contractors doing business with the federal government.
|Revised 2013 Hart-Scott-Rodino Antitrust Thresholds—Effective February 11, 2013|
Megan Browdie, Francis M. Fryscak, Jacqueline Grise, M. Howard Morse, Marc Schildkraut; Cooley LLP;
January 18, 2013, previously published on January 14, 2013Filing thresholds under the Hart-Scott-Rodino (HSR) Act will increase February 11, 2013 to reflect growth in the Gross National Product (GNP). Many transactions valued over $70.9 million will now have to be notified to federal antitrust authorities.
|Canadian Government Adjusts Rules for Foreign Investment|
Donald E. Greenfield, Y. Beth Riley; Bennett Jones LLP;
December 13, 2012, previously published on December 2012On December 7, 2012, the Canadian Minister of Industry announced decisions under the Investment Canada Act (ICA) to allow acquisitions by two foreign state-owned enterprises (SOEs): of Nexen Inc. by China National Offshore Oil Corporation (CNOOC) and of Progress Energy Resources Corp. by...
|Regulatory Approvals in M&A Deals|
Frédéric Cotnoir, Charles-Antoine Soulière; McCarthy Tétrault LLP;
November 7, 2012, previously published on October 31, 2012Recent proposed mergers blocked by the Canadian government and other regulators, such as the Minister of Industry’s ruling against BHP Biliton’s proposed hostile take-over bid for Potash Corporation in November 2010, the recent CRTC decision to deny BCE’s friendly bid for Astral...
|A Further Twist in the 'Dishonesty' Tale: UK Government Proposes New Defences to the Criminal Cartel Offence|
Jo Love, Becket McGrath; Edwards Wildman Palmer LLP;
October 31, 2012, previously published on October 2012On 18 October 2012, parliamentary scrutiny of the Enterprise and Regulatory Reform Bill (the Bill) passed to the House of Lords, following completion of the Bill's passage through the House of Commons the previous day. As previously noted, the Bill implements the UK Government's decision to...
|Merger Control in Germany - German Court Clarifies Controversial Jurisdictional Issues|
Mayer Brown LLP;
August 16, 2012, previously published on August 2012In a recently published decision the Higher Regional Court of Düsseldorf provided interesting guidance on how to deal with jurisdictional uncertainties of German merger control. The Court took the opportunity to clarify controversial topics concerning the de-minimis market notification...
|Common Misconceptions Regarding CFIUS and the CFIUS Process|
Giovanna M. Cinelli, Kenneth J. Nunnenkamp; Jones Day;
June 28, 2012, previously published on June 2012Mergers, acquisitions, divestitures, joint ventures, and other forms of investment have continued apace in the defense and high-tech industries for the last 20 years. During that time, the concept of national security and its tie to economic security has been confirmed, and that tie has been...