Cross-border acquisitions are becoming ever more popular, as US companies seek to enter overseas markets quickly and without the delay and logistical hurdles of building organically. Europe in particular has been a destination of choice where markets are mature, talent is readily available, IP can be protected, taxes are predictable and business cultural is familiar. What therefore could possibly go wrong? The answer is that assuming the right diligence has been completed on the target and local advice has been...

Read more

Today, the High Court has started hearing arguments on whether the UK government can go-it-alone and trigger Article 50 of the Lisbon Treaty – the legal mechanism to commence departure from the EU – without first seeking the approval of Parliament. Opening the case, Lord Pannick QC for the lead claimant emphasised that the challenge was not about whether or not the UK should leave the EU, but whether the government has the legal power to trigger Article 50, with...

Read more

This initiative by the Attorney General is effective immediately and is just the latest example of California’s effort to increase enforcement of laws aimed at protecting the privacy and data security of individual consumers. The California Office of the Attorney General (the Attorney General) launched a new online form on October 14 that consumers can use to report privacy policy violations. Citing the need to enhance transparency in the Internet of Things, as well as to fill privacy gaps caused...

Read more

On August 23, 2016, the U.S. Court of Appeals for the Sixth Circuit held in the Chapter 7 bankruptcy case In re Fair Finance Company that an amendment and restatement of a loan and security agreement may have been a novation of the initial agreement and therefore extinguished the lender's existing security interest. As background, in 2002, the lenders and the debtor, Fair Finance Company, entered into a loan and security agreement (the "Original LSA") for a $22 million revolving...

Read more

The General Data Protection Regulation (“GDPR”) introduces a new important role in the data protection scheme: the so-called Data Protection Officer (“DPO”). The DPO will become indispensable for quite a lot of companies and will play an essential role in ensuring compliance with data protection law. Appointing a DPO is mandatory for entities acting as a data controller or data processor if (i) the processing is carried out by a public authority or body, except for courts acting in their...

Read more

This fall, Americans have more than falling leaves and candy corn on their minds. While Election Day is November 8, 2016, many states have already begun the absentee and early voting process. And with the current contentious election cycle, voter turnout is likely to be high once again. As November 8 approaches, employees may request that their normal work hours be altered or reduced so that they can more easily get to the polls during the regular workday.1 To help prepare...

Read more

Ellen Israel is among New York’s most accomplished commercial real estate professionals, having executed transactions totaling more than 25 million square feet of salesand leasing on behalf of owners, investors, andtenants. Throughout a distinguished career, spanning more than three decades, Ellen has worked for some of the largest institutional and entrepreneurial real estate organizations, and brings a unique perspective from each side of a negotiating table. Currently, she is the managing director for JRT Realty Group—the nation’s largest certified woman-owned...

Read more

Parties Abandon Transaction After Third Circuit Rules That Hospital Merger Should Be Preliminarily Enjoined The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007. The U.S. Court of Appeals for the Third Circuit recently reversed a district court decision that had denied the Federal Trade Commission’s (FTC’s) motion to preliminarily enjoin the merger of two Central Pennsylvania hospital systems.1 In light...

Read more

This industrial services transaction represents Lincoln's 159th private equity transaction since 2015, as Lincoln International is one of the most active advisors to private equity globally LONDON – Lincoln International (“Lincoln”), a leading global mid-market investment bank, is delighted to have represented the shareholders of Beck & Pollitzer Limited ("Beck & Pollitzer" or the "Company") in its transaction with Graphite Capital Partners ("Graphite"). Beck & Pollitzer is a leading provider of highly technical, specialist machine installation, relocation and maintenance services. It...

Read more

Ocean freight rates on major trade lanes have declined to historical lows and are struggling to rebound from persistent overcapacity. After years of low revenue, carriers are now struggling, causing cost-cutting measures that have reduced their reliability. In that environment, savvy shippers (manufacturers and retailers) may not be able to operate as they have in the past, with long lead times and annual request-for-proposal (RFP) processes. Instead, they will have to become far more flexible in procuring freight volume, relying...

Read more