Delaware Supreme Court Affirms Tesla’s Acquisition of SolarCity as “Entirely...
The Delaware Supreme Court affirms the Court of Chancery’s determination that Tesla’s acquisition of SolarCity was the result of fair dealing, reflected a fair price, and was entirely fair—even when...
View ArticleFixed to Floating Charge Security: Exploring the Spectrum of Control
In the recent case of Avanti Communications, the English Court held that to constitute fixed charge security, a chargee’s control over the relevant charged assets does not need to be absolute. A...
View ArticleNew EU Guidelines: Agreements Among Competitors
The European Commission has published new guidance and related regulations concerning cooperation among competitors, under Article 101 of the Treaty on the Functioning of the European Union (TFEU)....
View ArticleArtificial Intelligence: Monitoring Regulatory Developments
As artificial intelligence (AI) continues to rapidly evolve, policymakers are increasingly focused on its regulation to ensure the protection of individuals and the broader public interest. Following...
View ArticleFCA issues final rules for marketing cryptoassets in the UK
Financial promotions of qualifying cryptoassets are now within the scope of the UK financial promotion regime. The FCA has published its final policy statement on rules for communicating financial...
View ArticleInsider Dealing: Updates to the UK Criminal Regime
On 15 June 2023, The Insider Dealing (Securities and Regulated Markets) Order 2023 (the “2023 Order”) came into force. The 2023 Order seeks to align certain outdated aspects of the UK’s criminal...
View ArticleFunny Times
What funny times in which we live; an observation perhaps highly dependent upon your notion of fun. Maybe curious is the better description. Daunting? Frightening? Opaque and unknowable? All...
View ArticleELTIF 2.0 and green industry draft law: France's first measures to strengthen...
Introduction - The “Projet de loi relatif à l’industrie verte” (green and sustainable industry draft law, hereinafter the “Bill”) was approved on 17 May 2023 by the French “Conseil des Ministres”, a...
View ArticleThe Developing Litigation Risks from the ESG Backlash in the United States
In the past year, environmental, social, and governance (“ESG”) practices have faced heightened scrutiny in the United States from state attorneys general, state and federal legislators, other...
View ArticleSocial Media is Everywhere, But Who Owns these Social Media Accounts Anyway?
The explosive growth in the use of social media for commercial advertising, product development and customer engagement, including via “influencers,” is well known and those accounts may have...
View ArticleIs the market ready for SFDR 1.5? ESAs propose changes to SFDR RTS
On 12 April 2023 – less than four months after the RTS under SFDR came into effect and four weeks after a further amended version of the RTS went live, the European Supervisory Authorities (ESAs)...
View ArticleAre You Ready for the Corporate Transparency Act?
On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of The National Defense Authorization Act. The CTA mandates the establishment of a national registry requiring...
View ArticleAIFMD 2.0 update – no agreement reached under the Swedish Presidency of the...
The final Trilogue meeting to discuss AIFMD 2.0 under the Swedish Presidency of the Council of the EU, scheduled for 26 June, was cancelled. AIFMD 2.0 will not be finalised under the Swedish Presidency.
View ArticleWhen You Got It, Flaunt It: Enforcement Authorities Expect Companies,...
The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) recently announced two settlements that underscore OFAC’s continued emphasis on companies developing and implementing...
View ArticleEnglish Court enforces a Dubai Court Judgment against UAE national and holds...
The High Court in England and Wales has held that a judgment obtained in the onshore Dubai Courts in favour of Emirates NBD Bank to enforce a personal guarantee against a UAE national is enforceable...
View ArticleThe CRE CLO is Coming Back Soon: Who You Gonna Believe, Me or Your Lying Eyes?
I’ve written extensively about the CRE CLO technology for a long time and why it is the best leverage technology across securitization markets. With the sponsor typically holding up to 20% of the...
View ArticleFederal Regulators Adopt a New Policy Statement on Prudent Commercial Real...
The OCC, FDIC, NCUA and Fed have adopted a new Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts. The new policy statement updates, expands on and supersedes existing...
View ArticleOff the Beaten Track? U.S. Supreme Court Holds States May Require...
On June 27, 2023, a fractured Supreme Court held in Mallory v. Norfolk Southern Railway Co. that a Pennsylvania law requiring out-of-state businesses to consent to the jurisdiction of the Pennsylvania...
View ArticleCase Law Selection - France / First Semester 2023
This newsletter summarizes four significant judicial decisions over recent months: Renewal of the probationary period: using a set of indicators to qualify consent (Cass. soc., 25 January 2023,...
View ArticleSélection de jurisprudence – France / Premier semestre 2023
Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois : Renouvellement de la période d’essai : utilisation d’un faisceau d’indice pour qualifier le...
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