Completing a successful Chinese M&A transaction can be trickier than new math. There are tons of legal hurdles to clear: government approval, anti-trust clearance, transferring real estate, trademarks and patents and repatriating profit, to name a few. Trying to tackle the transaction without a game plan is a sure set-up for defeat - but this article outlines an experienced attorney's firsthand knowledge to make the process less cumbersome.
Hopefully your company will never have to defend itself against a proxy contest brought on by a major activist shareholder. However, if you do find yourself drafting a settlement agreement for use in settling a proxy contest, refer to this article—which lists 10 elements that the agreement should contain—during its structuring.
This article details how to deal with the "free-rider" problem in which discounters take advantage of the capital investments of other dealers. Through those investments, they've helped establish brand recognition and a reputation for quality products. The discounters are unfairly trading on the brand without having made any investment in it. The sales department doesn't care what it's called. They just want to know one thing: "How can we stop it?"
This article covers the scope, implications, and enforcement of the new PRC competition law that applies equally to PRC and non-PRC entities alike.
Thailand Anti-dumping proceedings can be a frightening prospect for most companies. But an anti-dumping proceeding notice does not automatically spell doom. Strategic, advance planning will guarantee the best possible outcome in such a proceeding. The result: a company can double its market share overnight as its competitors are taxed out of the market altogether. Read how to prepare for success.
Changes have been afoot in the EU's competition laws, with one of the most important being 25 member states now have the power to rule on all aspects of EU competition law, in to the national competition rules that each has at its disposal. It's no wonder in-house often feel that just when they achieve compliance in one jurisdiction, problems arise in others-much like Hercules when he battled the Hydra. Here is a guide to successfully conquering the multi-headed hydra while complying with EU competition laws.
Your company has announced a merger. Most counsel will immediately start to assemble their factual and economic evidence and develop their best arguments to present to the agencies. Yet, equally important is developing a strong working relationship with agency staff. Here are some practical tips on how you can better communicate with agency staff in order to increase the chances that your company's deal will ultimately be approved.
This article describes the problems that the European Commission's approach to the attorney-client privilege creates and what counsel should do to ameliorate those problems.
Demands for email, hard drives, and backup tapes are now standard in almost every case. When does an obligation attach to preserve these documents? How do you search for them, while maintaining privilege and work product protections? This excerpt of a recent roundtable discussion provides the key to the complex world of electronic discovery.
Protect your clients’ interests in horizontal and vertical agreements under the new EU competition law.