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  • Article

    Sponsor’s Guide To Hedging: Practical Steps And Considerations

    Sponsors and corporates face an increasingly complex legal and regulatory landscape when implementing hedging strategies in debt financings. This comprehensive guide examines the critical coordination required between treasury, legal teams, financial advisors and hedge providers to navigate ISDA documentation, regulatory compliance under EMIR and Dodd-Frank, and deal-contingent structures.
    United StatesFinance and Banking
    Milbank
    Milbank
  • Article

    Tax Consequences Of Re-Pricing To CLOs

    Re-pricings of debt instruments have increased over the last year. Re-pricing involves resetting the interest rate of the debt instrument, with the holders either accepting the new terms or being redeemed.
    United StatesTax
    Milbank
Milbank
  • Article

    Hydrogen – A Catalyst For The Energy Transition

    The Paris Agreement - an international treaty on climate change - sets a key objective for signatory countries to reduce greenhouse gas emissions and limit increases in global temperature in this...
    GlobalEnergy and Natural Resources
    Milbank
    Milbank
  • Article

    ESG Considerations In Project, Energy And Infrastructure Finance

    Long before Environmental, Social, and Governance ("ESG") entered the corporate world's vernacular, these principles were very much present in various aspects of project development...
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    Securitisation Regulation: Application Of Disclosure Requirements To Non-EU CLOs

    The EU Securitisation Regulation (the "Securitisation Regulation")1 will apply to securitisations issued on or after 1 January 2019 and will introduce a number of changes to the European risk...
    European UnionFinance and Banking
    Milbank
    Milbank
  • Article

    Arbitration Update: Anti-Suit Injunctions And The Relationship With The Seat Of Arbitration

    In a judgment issued last week in the anonymised case of SQD v QYP [2023] EWHC 2145, the Commercial Court provided some helpful guidance on the relevant considerations...
    European UnionLitigation, Mediation & Arbitration
    Milbank
    Milbank
  • Article

    Competitor Benchmarking And Information Exchanges: What Is Safe In A World Without Antitrust Safe Harbors?

    On Friday, February 3, 2023, the Department of Justice's ("DOJ") Antitrust Division formally withdrew three longstanding policy statements relating to antitrust enforcement...
    United StatesAntitrust/Competition Law
    Milbank
    Milbank
  • Article

    Delaware Chancery Court Denies Summary Judgment On "Revlon" Claims

    Recently, in "In re Plains Exploration & Production Company Stockholder Litigation", the Delaware Court of Chancery denied the plaintiffs' request for a preliminary injunction.
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    Delaware Supreme Court Ruling On Advance Notice Bylaws – What's In, What's Out And What's Missing From Advance Notice Bylaws

    The Delaware Supreme Court in Kellner v. Aim Immunotech[1]recently ruled on the enforceability of a "modern" set of advance notice bylaws.
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    Space And Business Review - February 2013

    A list comprising of the most recent updates in the space industry.
    United StatesStrategy
    Milbank
    Milbank
  • Article

    Revenue Procedure 2014-12: IRS Follow-Up To Historic Boardwalk

    On December 30, 2013, the Internal Revenue Service (the "IRS") released Revenue Procedure 2014-12 (the "Revenue Procedure"), describing a "safe harbor" for the allocation among partners of rehabilitation credits under section 47 of the Internal Revenue Code of 1986, as amended (the "Code").
    United StatesTax
    Milbank
    Milbank
  • Article

    Critical Considerations For Critical Minerals: Mitigating ESG Risk And Potential Disputes In An Energy Transitioning World

    Governments all over the world are accelerating their implementation of measures to fulfill their obligations under the United Nations Framework Convention on Climate Change...
    United StatesEnergy and Natural Resources
    Milbank
    Milbank
  • Article

    Delaware Court Reviews Enforceability And Alleged Waiver Of Arbitration Provision

    In Halpern Medical Services, LLC v. Geary,1 the Delaware Court of Chancery recently was asked to determine whether (i) claims based on breach of fiduciary duty, breach of contract and unjust enrichment were subject to a mandatory arbitration clause in an employment agreement and (ii) the parties to the agreement waived the right to invoke arbitration solely by reason of the commencement of litigation by one party and the filing of a motion to dismiss by the other.
    United StatesLitigation, Mediation & Arbitration
    Milbank
    Milbank
  • Article

    Navigating Corporate Disputes Stemming From Regulatory Violations And Enforcement Actions

    Regulatory investigations and enforcement action frequently and increasingly give rise to a broad range of civil claims for damages.
    United StatesLitigation, Mediation & Arbitration
    Milbank
    Milbank
  • Article

    Court Of Chancery Holds That Forum Selection Bylaws Are Statutorily And Contractually Valid

    A Delaware Supreme Court, decision, which increases the legal coverage for boards looking to adopt forum selection bylaws because they share defendants' beliefs that multiforum litigations impose "high costs" on the corporation and hurt investors by causing costs to be borne by stockholders that are not "justified by rational benefits for stockholders from multiforum filings".
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    UK Supreme Court Rules That An Act Of Parliament Is Required To Trigger Withdrawal From The European Union

    In a highly significant judgment of constitutional and political importance, the UK Supreme Court confirmed yesterday that the initiation of the UK's withdrawal from the European Union.
    European UnionGovernment, Public Sector
    Milbank
    Milbank
  • Article

    Virtual Trials And War Room Design

    There are no treatises or handbooks on how to conduct a trial during a global pandemic, but health and safety concerns have to be your primary concern.
    United StatesCoronavirus (COVID-19)
    Milbank
    Milbank
  • Article

    Supreme Court Rejects Perpetual Tolling Of Section 16(B) Claims Against Corporate Insiders

    In a decision issued earlier this week, Credit Suisse Securities (USA) LLC v. Simmonds, the Supreme Court held that the two-year time limit for bringing an action under Section 16(b) of the Securities and Exchange Act of 1934 is not tolled by the corporate insider’s failure to file a Section 16(a) disclosure statement.
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    The Iheart Communications Credit Event And What It Means For The CDS Contract

    As has been the case now for three years running1, 2016's December 20 roll date again triggered a set of novel questions for the credit default swap market...
    United StatesFinance and Banking
    Milbank
    Milbank
  • Article

    January 2012 Space Business Review

    On January 9, DISH Network L.L.C. (DISH) announced a partnership with ViaSat, Inc. (ViaSat) to offer ViaSat’s next-generation satellite broadband service, together with its own satellite television service, in the form of DISH service bundles.
    United StatesInternational Law
    Milbank
    Milbank
  • Showing 521–540 of 736 results

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