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Canada finally has case law on what constitutes a “material adverse change” and what it means to operate a business in the “ordinary course”.

Over the past year, the Ontario Superior Court of Justice released two decisions arising from “busted deals” where the COVID lockdown hit the acquisition target’s business between signing and closing.  The result is a pair of must-read decisions for everyone in the field of M&A. 

This session brings together expertise in both deal-making and M&A litigation and will cover everything you need to know about these important decisions and the impact on M&A going forward.

Perkins Coie and the Association of Corporate Counsel have once again teamed up to presenttwo hours of CLE programming that will address the recent signing of the Inflation ReductionAct as well as strategies for controlling costs in litigation.

Agenda
3:00 p.m. Registration/Networking
3:15 p.m. Inflation Reduction Act and What That Means for You
4:30 p.m. Key Insights to Effectively Controlling Litigation Costs
5:30 p.m. Cocktail Reception on the Museum Roof

CMS
265 pages

Learn about key restructuring and insolvency laws in this multi-jurisdictional guide.

Resource Details
Region: Europe, Africa, Middle East, Angola, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Croatia, France, Germany, Hong Kong, Hungary, Italy, Kenya, Peru, Poland, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom, Czech Republic, Netherlands
Christopher Moore, Ari MacKinnon, and Laurie Achtouk Spivak, Cleary Gottlieb Steen & Hamilton LLP
10 pages

On July 1, 2022, the amendments to the Regulations and Rules of the International Centre for Settlement of Investment Disputes (“ICSID”) entered into force. This article summarizes and comments on the key changes. The 2022 ICSID Arbitration Rules apply to ICSID arbitrations commenced on or after July 1, 2022.

Resource Details
Region: Global

Why Mediations Fail: Avoid These Common Mistakes

Disputing parties’ investment of time, effort and money in the process of resolving the dispute at hand would seem to be a recipe for success.  Yet this process often fails.  Why? There are several recurring reasons why efforts to mediate do not succeed despite the seemingly reasonable efforts by the parties to the dispute.  This presentation will identify those common pitfalls and address how to avoid them, so that your next mediation is more likely to end in a successful resolution.

Use the red Register button to RSVP.  The Zoom link will be provided with your completed registration, and is also shown below.

 

https://accinhouse.zoom.us/j/92650962427

This presentation will provide ACC members with effective negotiation strategies to use in a variety of different situations including difficult opponents, unfavorable situations, hard bargaining tactics, and communication breakdowns. Joe Dowdy, Partner from Kilpatrick Townsend, will share experiences and provide insight and information about enhancing the attendees’ ability to negotiate effectively by incorporating social science-based approaches and accounting for basic human tendencies.

Schedule
11:30 - 12pm: Lunch
12 - 1pm: CLE

Womble Bond Dickinson
33 pages

This report developed by Womble Bond & Dickinson surveys nearly 200 executives based across the United States. This elite group – 62% of whom hold C-suite titles – comprised decision-makers from company leadership and key departments including information systems and information technology, privacy and security, legal and compliance, operations and finance, and marketing in response to states set to effect stricter requirements around consumer privacy rights in 2023. Check out this resource to view the full report and find out if companies are prepared to meet the looming updated guidelines.

Resource Details
Region: United States
Audience: Mid-Career, New to In-House, Small Law Departments, Large Law Departments
Rachel B. Goldman, Partner, David A. Shargel, Partner, and David J. Ball, Partner, Bracewell LLP
3 pages

On June 13, 2022, the US Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying to use section 1782 more frequently to obtain comprehensive discovery that would otherwise typically be unavailable in arbitration abroad. While the Supreme Court has ostensibly put an end to that practice, the possibility of further litigation over section 1782 remains, as parties are likely to test the boundaries of the Supreme Court’s decision.

Resource Details
Region: United States

Please join us for an interactive CLE discussion to examine legal risks raised by internal investigations. With the DOJ training its sights on businesses, executives, and employees for 2022, we take a fresh look at privilege and ethics issues that confront in-house attorneys participating in or overseeing internal investigations. The program will keep you engaged by exploring scenarios with perspectives with Partners from BCLP’s White Collar Defense and Investigations group.

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