Regulators Struggle to Raise the Standard of Care for Financial Advice | Clifford Chance US LLP

Legal Briefing

On March 15, 2018, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in a 2-1 decision vacated the Obama-era U.S. Department of Labor’s (“DOL”) Fiduciary Rule (“Fiduciary Rule”), which responded to a historical shift from traditional pension plans to individually managed accounts, such as individual retirement accounts (“IRAs”) and 401(k)s. The Fiduciary …

The Hot Topic in United States M&A – Corwin | Cravath, Swaine & Moore LLP

Legal Briefing

Introduction The general question of corporate governance can be summarized, in the context of public companies, as three interrelated questions:  who has decision-making authority; how are they constrained in the exercise of that authority; and how are they held accountable for that exercise?  In this model, the U.S. approach to corporate governance has historically been …

Delivering complex projects: competitive dialogue or competitive procedure with negotiation? | Gowling WLG

Legal Briefing

The Public Contracts Regulations 2015 (PCR) (which implemented the 2014 Public Procurement Directive) created a new procedure known as competitive procedure with negotiation (CPN). For those bidding on complex infrastructure projects or other government contracts, the implications of CPN may not be immediately apparent. For a contracting authority, CPN provides an additional procurement option giving …

Back to the drawing board

You wouldn’t mistake a lawyer for a designer. One is usually armed with a pen and a rulebook, the other with a Mac and a black turtleneck. Right? Wrong.

Property transactions – the fertiliser for the development of contract law

Legal Briefing

There is a fundamental tension between the desire for contractual certainty and for agreements to be future proof. Property lawyers know only too well the difficulties associated with the fact neither we or our clients have crystal balls or the ability to time travel. We are regularly asked to look at a contract in a …

The edge of the cliff

For UK business, 2018 will be dominated by one question: when do we push the button on Brexit? Months of scenario planning have given a sense of the possible outcomes, but there is little confidence that a decision will be taken in full possession of the facts.