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Weil’s Q4 2019 Quarterly Private Equity Update: Going Private Transactions in the U.S., the U.K. and Hong Kong

Ian Hamilton — Tue, 03 Dec 2019 13:53:00 +0000

Private equity sponsors and other financial investors continue to look at going private transactions. In this update, we summarize key similarities and differences of going private transactions in three financial centers with global reach: the U.S., the U.K., and Hong Kong. View the Q4 2019 Global PE Update.

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CMA Signals More Interventionist Approach to UK Competition Enforcement

Neil Rigby — Wed, 30 Oct 2019 13:43:11 +0000

As the UK’s expected departure from the European Union approaches – currently scheduled for January 31, 2020 – the UK Competition and Markets Authority (CMA) has been developing a tougher and more interventionist approach to competition enforcement. Low thresholds for merger review likely to capture more transactions The CMA’s thresholds for review are set relatively […]

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Weil’s Q2 2019 Quarterly Private Equity Update: U.S. and U.K. SPACs

Douglas P. Warner — Tue, 06 Aug 2019 15:27:44 +0000

In this issue, we compare the key similarities and differences between U.S. and U.K. SPACs. SPACs are increasingly being viewed as an additional platform for private equity sponsors to complement their existing platforms. They provide sponsors with favorable economics and the opportunity to target companies that may want to go public rather than remain private […]

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Can a Parent be Liable for Loss Caused by its Subsidiaries?

Marco Compagnoni — Wed, 24 Jul 2019 01:45:07 +0000

PARENT COMPANY LIABILITY FOR THE ACTIONS OF ITS SUBSIDIARIES While it is still a general legal principle that entities with separate legal personalities within the same group are not liable for each other’s acts or omissions, in the recent Supreme Court judgment of Vedanta Resources Plc v Lungowe it was confirmed that, in exceptional cases, […]

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Weil’s Q1 2019 Quarterly Private Equity Update: 2018 in Review

Brian Gingold — Wed, 06 Mar 2019 21:34:51 +0000

In this issue, we look back on 2018 in terms of market activity, trends and developments across the U.S., Europe and Asia, and look ahead to 2019. View Weil’s Q1 2019 Global PE Update.

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Avoiding a Dog’s Breakfast—Some Timely Reminders of How to Effectively Limit the Universe of Purported Representations upon which Fraud Claims Can be Made

Glenn D. West — Mon, 13 Aug 2018 13:37:35 +0000

A “dog’s breakfast” is one of my favorite British expressions. It can sum up a muddled mess of confusing and contradictory allegations and purported conclusions better than almost any other idiom in the English language. And it was just this expression that Vice Chancellor Glasscock recently used to describe a cacophony of alleged extra-contractual fraud […]

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Cognitive Dissonance in the Common Law of Contracts: Oral Modifications to Written Agreements that Purport to Invalidate Oral Modifications

Glenn D. West — Tue, 29 May 2018 17:48:03 +0000

As every first year law student knows, and as every deal professional should know, the common law imposes very few formalities regarding the formation of a binding contract. Moreover, absent some specific statutory requirement (such as the Statute of Frauds’ requirement regarding a contract involving the sale of real estate or one of the other […]

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How Anti-Assignment Workarounds Work (or Not)

Glenn D. West — Wed, 02 May 2018 08:59:08 +0000

There are three basic structures that private equity buyers utilize in acquiring a target business, each of which has several possible variations of its own: (1) a buyer’s acquisition vehicle can purchase the equity of the entity housing the business from the owners of that entity, (2) a buyer’s acquisition vehicle can purchase all or […]

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Impact of the EU Trade Secrets Directive on M&A Transactions

Barry Fishley — Tue, 20 Mar 2018 14:04:09 +0000

EU Member States have until 9 June 2018 to implement the Trade Secrets Directive (2016/943/EU) into their national laws. Whilst the new Directive very helpfully aligns the legal protections conferred on trade secrets across the EU, it also contains specific prerequisites for companies wishing to take advantage of these new protections. Crucially, the Trade Secrets […]

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Weil's Q1 2018 Quarterly Private Equity Update: 2017 in Review

Brian Gingold — Tue, 27 Feb 2018 00:13:35 +0000

In this issue, we look back on 2017 in terms of market activity, trends and developments across the U.S., Europe and Asia, and look ahead to 2018. View Weil’s Q1 2018 Global PE Update.

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