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  • International News: Spotlight on the Energy Industry

    International News: Spotlight on the Energy Industry

    INTERNATIONAL NEWS / REPORT

    International News: Spotlight on the Energy Industry

    October 2021

    Read time: 3 min

    Key takeaways
    Overview

    In a joint statement issued in June this year, the G7 nations pledged to support a “green revolution that creates jobs, cuts emissions and seeks to limit the rise in global temperatures to 1.5 degrees,” and committed to “net zero no later than 2050, halving our collective emissions over the two decades to 2030.”

    The renewable energy sector is at the front of this green revolution. The demands of the transition to net zero are causing unprecedented impacts on fields as diverse as competition law and employee unionization, are being granted major significance in once-in-a-generation national projects such as the $2.3 Trillion American Jobs Infrastructure Plan, or are the focus of multi-national collaborations such as the Association of Southeast Asian Nations power grid system.

    Renewable energy is no longer considered a niche investment and there are myriad opportunities in new technologies or the repurposing of old technology, such as using green ammonia to transport hydrogen.

    But the old ways aren’t dead yet, and our current reliance on oil means there is still a need for astute investment in this sector to make hydrocarbons cleaner and more efficient until net zero is achieved.

    In depth
    Authors

    Christopher Gladbach

    Partner

    Washington, DC

    Seth B. Doughty

    Partner

    Los Angeles

    Elle Hayes

    Partner

    Miami

    Carl J. Fleming

    Partner

    Washington, DC

    Mark Fennessy

    Partner

    London – 22 Bishopsgate

    Sunay Radia

    Partner

    London – 22 Bishopsgate

    Alexander Andronikou

    Senior Associate

    London – 22 Bishopsgate

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  • International Legal Highlights – May 2021

    International Legal Highlights – May 2021

    REPORT

    International Legal Highlights – May 2021

    May 7, 2021

    Read time: 2 min

    Key takeaways
    Overview

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    In depth
    Authors
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  • International News: Spotlight on the Healthcare Industry

    International News: Spotlight on the Healthcare Industry

    INTERNATIONAL NEWS / REPORT

    International News: Spotlight on the Healthcare Industry

    May 2021

    Read time: 3 min

    Key takeaways
    Overview

    The global healthcare industry has had the most challenging year in living memory. But 2021 is a new year. Alongside new challenges, such as whether or not healthcare employers can or should make COVID-19 vaccines mandatory for employees, and the uncertainty surrounding the transfer of European health data post-Schrems II, there are also many new opportunities.

    Sovereign Wealth Funds are increasingly seeing the health sector as an attractive investment market, and Social Impact Bonds have emerged as an excellent financing option for development projects that might otherwise find it hard to attract initial funding.

    Healthcare companies still, of course, need to pay close attention to their commercial operations. As the market evolves to meet the new normal of an increasingly online and app-centric world, the need for robust agreements with software developers becomes ever more important. And the sector will always be the target of investigations into excessive pricing, and subject to developments relating to key tools such as Supplementary Protection Certificates. But the time has come to be cautiously optimistic and to look to the future of healthcare

    In depth
    Authors

    Cecilia Choy PhD

    Associate

    Silicon Valley

    Amy C. Pimentel

    Partner

    Boston

    Carl J. Fleming

    Partner

    Washington, DC

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  • International Legal Highlights – January 2021

    International Legal Highlights – January 2021

    REPORT

    International Legal Highlights – January 2021

    January 14, 2021

    Read time: 2 min

    Key takeaways
    Overview
    In depth
    Authors
    More Insights

  • International News: Restructuring

    International News: Restructuring

    INTERNATIONAL NEWS / REPORT

    International News: Restructuring

    December 2020

    Read time: 2 min

    Key takeaways
    Overview
    In depth
    Authors

    Mark Fine

    Partner

    London – 22 Bishopsgate

    Aymen Mahmoud

    Partner

    London – 22 Bishopsgate

    Emily C. Keil

    Partner

    Chicago

    Giulia Venanzoni

    Counsel

    London – 22 Bishopsgate

    Michael Rostov

    Partner

    Los Angeles

    Théophile Jomier

    Counsel, Partner

    Paris

    Daniel Thomson

    Associate

    New York – One Vanderbilt Avenue

    Dr. Uwe Goetker

    Partner

    Düsseldorf

    Sandra P. McGill

    Counsel

    Chicago

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  • International News: Global Privacy and Cybersecurity

    International News: Global Privacy and Cybersecurity

    INTERNATIONAL NEWS / REPORT

    International News: Global Privacy and Cybersecurity

    September 2020

    Read time: 3 min

    Key takeaways
    Overview

    As we move into the next phase of the Coronavirus (COVID-19) pandemic, the test, track and trace approach being adopted by governments is generating myriad data privacy concerns. Added to this are the challenges created by new privacy laws in California, the end of the Brexit transition period, and the recent judgement in Schrems II that affects the US Privacy Shield mechanism. There has never been a more pressing need for robust global privacy and cybersecurity advice.

    Although the pandemic continues to impact global business, creative thinkers are identifying solutions to economic distress and are examining the viability of material adverse effect clauses in their markets. And, of course, developments unrelated to the pandemic, such as the forthcoming EU Whistleblower Directive and the Federal Trade Commission’s focus on non-compete provisions in transaction agreements, continue to challenge companies.

    We explore all these issues and more, in our latest International News.

    In depth
    Authors

    Joel R. Grosberg

    Partner

    Washington, DC

    Lisa P. Rumin

    Partner

    Washington, DC

    Thomas Sauermilch

    Partner

    New York – One Vanderbilt Avenue

    Fabrizio Faina

    Partner

    Milan

    Mark Fine

    Partner

    London – 22 Bishopsgate

    Aymen Mahmoud

    Partner

    London – 22 Bishopsgate

    More Insights

  • Antitrust M&A Snapshot

    Antitrust M&A Snapshot

    REPORT

    Antitrust M&A Snapshot

    August 2020

    Read time: 2 min

    Key takeaways
    Overview

    In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade Commission (FTC) reached settlements with a number of merging parties during Q2 2020, and the FTC is proceeding to trial in several merger cases. Both the FTC and the DOJ are conducting investigational hearings and depositions via remote videoconferencing technology such as Zoom. The FTC also announced it prevented 12 deals from closing in 2020 despite the COVID-19 pandemic. Five of the transactions were blocked and another seven were abandoned due to antitrust concerns, putting the FTC on pace for one of its busiest years for merger enforcement in the past 20 years.

    In Europe, in light of the COVID-19 outbreak, the European Commission (EC) warned that merger control filings would likely not be processed as swiftly as usual. The EC encouraged parties to postpone merger notifications because the EC envisaged difficulties, within the statutory deadlines imposed by the EU Merger Regulation, to elicit relevant information from third parties, such as customers, competitors and suppliers. In addition, the EC foresaw limitations in accessing information on a remote basis. This period thus saw a drop in merger notifications to the EC; however, notifications increased in June and July.

    In depth
    Authors

    Jon B. Dubrow

    Partner

    Washington, DC

    Joel R. Grosberg

    Partner

    Washington, DC

    Raymond A. Jacobsen , Jr.

    Partner

    Washington, DC

    Christian Krohs

    Partner

    Düsseldorf, Cologne

    Stephen Wu

    Partner

    Chicago

    Anthony S. Ferrara

    Partner

    Washington, DC

    Lisa P. Rumin

    Partner

    Washington, DC

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  • International News: COVID-19

    International News: COVID-19

    INTERNATIONAL NEWS / REPORT

    International News: COVID-19

    May 2020

    Read time: 3 min

    Key takeaways
    Overview

    These extraordinary times are prompting an exceptional response from every field of business across every sector. There is often talk of constantly evolving regulatory and commercial landscapes, but there has never been a pace of change as rapid as this, with daily updates being made to what was previously considered immutable legislation. The European Commission has confirmed that the Coronavirus (COVID-19) crisis justifies derogation from normal conformity assessment procedures for certain items, the Medical Device Regulation has been postponed by a year, and EU antitrust and State aid rules have been relaxed.

    Businesses are responding and adapting to the most immediate challenges, while also keeping an eye on longer term issues, such as data security when employees are working from home. There is, however, light at the end of the tunnel and, of course, there are other developments that have nothing to do with the current health crisis but still need to be understood and acted upon.

    We explore all these issues and more, in our latest International News.

    In depth
    Authors
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  • Antitrust M&A Snapshot

    Antitrust M&A Snapshot

    REPORT

    Antitrust M&A Snapshot

    April 2020

    Read time: 2 min

    Key takeaways
    Overview

    In the United States, The Federal Trade Commission (FTC) and Department of Justice (DOJ) faced new issues this quarter with the unprecedented challenges brought about by the COVID-19 global pandemic. In March, the agencies made certain changes to the merger review process to accommodate businesses and counsel working remotely. However, merger reviews, challenges, trials and consents have continued as usual at both agencies despite the additional obstacles.

    In Europe, the European Commission (EC) also put in place special measures to ensure business continuity in the enforcement of merger control during the COVID-19 crisis. The first quarter of 2020 also saw the United Kingdom’s official departure from the European Union, which has consequences on the enforcement of EU competition law in the United Kingdom.

    In depth
    Authors

    Jon B. Dubrow

    Partner

    Washington, DC

    Joel R. Grosberg

    Partner

    Washington, DC

    Raymond A. Jacobsen , Jr.

    Partner

    Washington, DC

    Stephen Wu

    Partner

    Chicago

    More Insights

  • Cartel Snapshot

    Cartel Snapshot

    REPORT

    Cartel Snapshot

    March 2020

    Read time: 2 min

    Key takeaways
    Overview

    The Department of Justice Antitrust Division (DOJ) was active in 2019. At the beginning of 2019, the DOJ was preparing for trial in six matters and had 91 pending grand jury investigations. Throughout 2019, the DOJ made public several new investigations, including in the commercial flooring industry, online auctions for surplus government equipment, the insulation installation industry and suspension assemblies used in hard disk drives. The DOJ also announced developments in other ongoing investigations.

    Meanwhile, the European Commission (Commission) entered into settlements with parties in three cartel cases: Occupant Safety Equipment, FOREX and Canned Vegetables. The Commission imposed total fines of €1,469 million in 2019. In March 2019, the Commission launched an online tool to submit documents and information in the context of leniency and settlement proceedings.

    In depth
    Authors

    Paul M. Thompson

    Partner

    Washington, DC

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