By David B. Hennes and Mary Zou | October 25, 2019
Notwithstanding the fact that NDAs are commonplace in M&A transactions, breaches of NDAs are rarely litigated. Parties may be reluctant to make the dispute public and damages for breach of an NDA can be difficult to prove. Nonetheless, as the cases discussed herein demonstrate, "use" clauses can have collateral consequences if litigation does arise depending on other provisions in the NDA and how the transaction develops.
By Carrie Maylor DiCanio | October 25, 2019
This article discusses five issues that counsel should consider when drafting an arbitration provision and provide insights on how to effectively craft an arbitration clause to enable the efficient and cost-effective resolution of M&A disputes in domestic arbitration.
By Todd Albright | October 25, 2019
There are some simple ways to track your due diligence activities to keep your deals positively moving forward. To stay ahead, don't make these five mistakes.
By Trysha Daskam and Fizza Khan | October 25, 2019
The widespread adoption of ESG is forcing private equity firms to rewrite the rules of deal due diligence.
By Mark Harris | October 25, 2019
Not too long from now, all of the active contracts in a company's corpus will be digitized and translated into structured data. Instead of being disguised in impenetrable legalese, locked into scanned PDFs and then, often, misplaced entirely, contracts will become a source of incredibly valuable data for the enterprises that enter into them.
By Varsha Patel | Dan Packel | Christine Simmons | October 25, 2019
The move by Ethan Klingsberg and three others will likely be a big blow to Cleary Gottlieb Steen & Hamilton, recruiters said.
By Tasha Norman | October 24, 2019
"Spend the time investing in becoming an expert in your subject matter, keep up with the industry and show through your hard work that you're hungry, resilient and a team player."
New York Law Journal | Analysis
By Corinne Ball | October 23, 2019
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a decision that addressed the scope of the channeling injunction contained in W.R. Grace's plan of reorganization, and specifically, whether the channeling injunction enjoins a state-court lawsuit against one of W.R. Grace's insurers. Importantly, it also addresses a bankruptcy court's jurisdiction, a rationale that would extend beyond asbestos provisions and reach channeling injunctions used in other circumstances.
By Dan Packel | October 22, 2019
The moves by Larry Yanowitch and three other partners signal King & Spalding's appetite for deals in the tech, aerospace, defense and government services sectors.
By Phillip Bantz | October 18, 2019
The bank's new top lawyer, Lisa Washington, previously served as CLO and VP of Atlas Energy Group, an energy management company that acquires and develops oil and gas assets.
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