Thursday 13 December 2012

Legal Updates: Mergers & Acquisitions

Legal Updates by JD SupraDecember 13, 2012
Mergers & Acquisitions
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"End of a trend"? Canada Approves CNOOC/Nexen and Petronas/Progress Acquisitions, but Revises Approach to SOE Investment

Introduction & Background - On Friday, December 7, 2012, the Canadian government (the "Government") issued determinations under the Investment Canada Act...more

by Heenan Blaikie LLP

The Ethical Business Compact-A New Compliance Best Practice?

Found on page 54 of the recently released Department of Justice (DOJ) Guidance on the Foreign Corrupt Practices Act (FCPA) is the following...more

by Thomas Fox

Poland in the Spotlight: Extensive Changes to Polish Competition Law

Polish legislators have confirmed their commitment to change significantly the provisions of the Polish Competition Act. The proposed amendments will...more

by McDermott Will & Emery

Focus on Foreign Investment: Canada Gives Green Light to CNOOC and Petronas Deals, But Red Light to Future SOE Takeovers in Oil Sands

On Friday, December 7th, the Canadian Government approved two controversial takeovers of Canadian companies under the Investment Canada Act, Canada's foreign...more

by Fraser Milner Casgrain LLP

Doing More with Less in Your Compliance Program (Not the 2013 Astros)

t was reported today that the Houston Astros pitchers and catchers report for Spring Training on February 11, 2013, with position players reporting on February...more

by Thomas Fox

Canadian Government Adjusts Rules for Foreign Investment

On December 7, 2012, the Canadian Minister of Industry announced decisions under the Investment Canada Act (ICA) to allow acquisitions by two foreign...more

by Bennett Jones LLP

How to Create a Post-Acquisition FCPA Compliance Program Integration Plan

Your company has just made its largest acquisition ever and your Chief Executive Officer (CEO) says that he wants you to have a compliance post-acquisition...more

by Thomas Fox

Parol Evidence Rule Barred Defendants' Interpretation Of Earn-Out Provision

Premier, Inc. v. Peterson, 2012 NCBC 59, decided last Friday by Judge Murphy, turned on a strict application of the parol evidence rule. At issue was...more

by Brooks Pierce

A123's Latest Twist Into Business History: Wanxiang Buy Out, Minus Government Business

There is another update in the story of the nanotech/cleantech company A123, which recently declared bankruptcy. According to the Washington Post this weekend,...more

by Foley & Lardner LLP

On Second Thought — The Ohio Supreme Court Reverses Course and Holds that a Merger Does Not Trigger the Beginning of a Noncompetition Period

In October, the Ohio Supreme Court reconsidered and reversed, in part, its May 24, 2012, decision in Acordia of Ohio, L.L.C. v. Fishel, 2012-Ohio-2297 (Acordia...more

by BakerHostetler

China's Merger Control Regime

China's Anti-Monopoly Law (AML) took effect on August 1, 2008. Since then, the Chinese regulatory authorities have issued a number of implementing regulations...more

by Miller Canfield

The FCPA Guidance and Declinations

I have previously written about my belief that the US Department of Justice (DOJ) should go further in releasing information about Declinations to Prosecute...more

by Thomas Fox

How the Noir Novel Informs Your Compliance Program

In the Work Matters column in the December 3 Issue of the Texas Lawyer, in an article entitled, “Ten Phrases Lawyers Hear That Portend Disaster”...more

by Thomas Fox

Insurance Checklist for Mergers & Acquisitions: What Every Executive Should Know

Record levels of cash on company balance sheets, cheap financing, and the elimination of political uncertainty following the November presidential election...more

by King & Spalding

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