Member News

Member News
10
Dec
Attrition is a major concern for business leaders, and it’s not one which can be easily resolved. When a good employee leaves your organization, you’re not only facing the immediate costs of hiring and training a new employee, the bottom line is also impacted by the internal knowledge that key employees take with them. There are ways to mitigate these costs and risks – such as having a recruitment strategy and talent pipeline in place for backfilling roles and...
10
Dec
On December 1, 2020 the Council of the EU adopted conclusions calling on the Commission to launch an Action Plan by 2021 focusing on shaping global supply chains sustainably, promoting human rights, social and environmental due diligence standards and transparency. In April 2020, the Commission already announced its intention to develop a legislative proposal and published a study on due diligence requirements through the supply chain (see our previous client alert).
The Action Plan should include a call for a proposal from the...
09
Dec
Fashion Law is a growing and emerging legal category that encompasses several other and more traditional legal specialties.
Intellectual Property
Fashion companies protect their brands by filing for state or federal trademark registration. After filing for federal registration, the fashion company owns the exclusive right to use the trademark in the U.S. and the right to use the official registered trademark symbol ®.
If a fashion company believes that its designs are being copied, to prevail in court, the fashion company would...
09
Dec
Who Needs to Know
Companies and individuals negotiating contracts governed by Delaware law.
Why It Matters
In a recent decision, the Delaware Court of Chancery permitted a buyer to escape its obligation to acquire a target from a seller under the parties’ purchase agreement because the target had made extensive changes to its business as a result of the COVID-19 pandemic in violation of the agreement’s ordinary course of business covenant. The court’s holding reaffirms that standard ordinary course of business covenants...
09
Dec
Banks
From January 1st, 2021, UK banks will qualify as non-EU banks and relative provisions will apply.
Accordingly, UK banks shall be authorized by the Bank of Italy to operate in Italy, through a branch or on a cross-border basis.
In addition, UK banks may also be authorized to provide investment services (Bank of Italy having consulted Consob):
towards retail and professional on request clients, only if a branch is established;
towards eligible counterparties and per se professional clients, also on a cross border basis.
If...
09
Dec
Key insights
President-elect Biden ran on proposed increases of top tax rates.
Tax rate increases may not occur until a later year (if at all), and may not affect you.
Acceleration of income may not be appropriate in all circumstances.
Your individual situation can help to determine if you should take action or wait and see.
As part of his campaign, President-elect Biden proposed an increase of the top tax rates on personal income (from 37% to 39.6%), capital gains...
08
Dec
In this series of briefing notes, we will look at some key areas of a private M&A transaction that may be impacted during COVID-19 era. This note is designed to focus on the valuation and structuring issues that may arise in these transactions.
Valuation and purchase price structure
The market uncertainty caused by the COVID-19 outbreak has led to difficulties in valuing the target and forecasting its future business performance. As such, it is not hard to see why buyers now...
08
Dec
In this vein, Troutman Pepper released a podcast to expand upon the theories asserted in these new board-diversity derivative actions, analyze potential problems for plaintiffs in sustaining the claims, and provide additional guidance on how to respond to a shareholder demand to take action to address diversity and inclusion. Listen here: Board Diversity Podcast |
Momentum continues to build to mandate diversity on corporate boards. A new proposal by Nasdaq will require all Nasdaq-listed companies to have at least two diverse...