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  • Article

    Enhanced Due Diligence In The Current Environment

    The crisis caused by COVID-19 led to a slowdown in private equity deals in the first half of the year, as activity at many companies ground to a halt due to lockdown measures across Europe.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Trends And Considerations For Secured Notes Offerings During COVID-19

    In response to liquidity needs during the COVID-19 crisis, more and more non-investment grade issuers have turned to the secured notes market.
    United StatesFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    District Court Decision Incorrectly Holds That OFAC Sanctions Bar PdVSA From Making Payment On Pre-Sanctions Debts

    On February 11, 2020, Judge Stanton of the U.S. District Court for the Southern District of New York denied Dresser-Rand Company's motion for summary judgment in a suit to collect on a promissory note ...
    United StatesInternational Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    OCC Interpretation Opens The Door For Banks To Enter The Crypto Custody Business

    On July 22, 2020, the Office of the Comptroller of the Currency ("OCC") published an interpretive letter clarifying that providing cryptocurrency custody services to customers is a permissible...
    United StatesTechnology
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    SEC Provides Second No-Action Letter In The Digital Asset Space

    On July 25, 2019, staff of the SEC granted its second no-action letter in the digital asset space to Pocketful of Quarters, Inc., permitting POQ to sell digital tokens recorded on the Ethereum blockchain ...
    United StatesTechnology
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Predictions For The European Leveraged Finance Market In 2020

    As Europe enters 2020, our leveraged finance and high yield team predict what lies ahead for the European leveraged finance market.
    European UnionFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    France Foreign Investment Control – New Rules Temporarily Applicable To Non-EU/EEA Investments Enter Into Force Today

    On July 23, 2020, the Government published a Decree no. 2020-892 (the "Decree") and a Ministerial Order (the "Ministerial Order") both of July 22, 2020 on the temporary lowering of the threshold triggering control of foreign investments in French listed companies.
    European UnionGovernment, Public Sector
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Data Transfer Mechanisms To Be Reviewed By CJEU After Irish Supreme Court Dismisses Facebook Appeal

    The CJEU will hear the case (C-311/18) on 9 July 2019.
    European UnionPrivacy
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Accountability And Enforcement Under The CARES Act

    On Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (or the "CARES Act") became law, marking the third phase of government aid to combat the COVID-19 pandemic.
    United StatesCoronavirus (COVID-19)
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Bank Capital And Liquidity: COVID-19 Questions You May Be Considering

    The U.S. federal banking agencies have encouraged banking organizations to use their capital and liquidity buffers to support customers in the face of the economic effects of COVID-19 mitigation.
    United StatesCoronavirus (COVID-19)
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Knowledge Is Key: Recent Decision Addresses Aiding And Abetting Claims Against Board Advisors And Buyer

    These diverging results provide early guidance as to when the Delaware courts will (and when they will not) dismiss aiding and abetting claims.
    United StatesCoronavirus (COVID-19)
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    SEC Issues Guidance For Key Performance Metrics In MD&A

    Yesterday the Securities and Exchange Commission provided new guidance on the presentation of performance metrics in MD&A.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    The SEC Roundtable On "Emerging Markets, Including China"

    Participants with a very wide range of perspectives addressed three concentric circles of topics:
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Dealing With An Investigation: Planning Ahead

    The beginning stages of an investigation are often the most critical. At the outset of any investigation, information is often limited and events are unfolding quickly.
    United StatesStrategy
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Federal District Court Rules OCC Lacks Authority To Issue FinTech Charters

    In the court's view, this requirement was unambiguous.
    United StatesTechnology
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    SEC Proposes Major Changes To MD&A And Related Requirements

    Yesterday the Securities and Exchange Commission proposed amendments to Regulation S-K, including changes to its MD&A requirements that would, if adopted, make significant and long-overdue improvements ...
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    BIS Further Tightens Export Restrictions On Huawei

    On August 20, 2020, the U.S. Department of Commerce, Bureau of Industry and Security ("BIS") published a final rule[1] that further tightens restrictions under the Export Administration Regulations...
    United StatesInternational Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    European Private Equity M&A: September Market Snapshot

    Private equity pipelines are as full as they have been since the onset of the COVID-19 pandemic. The continuing effects of COVID-19 and the annual summer hiatus in European M&A...
    GlobalCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    New York Mandates COVID-19 Related Emergency Paid Sick Leave And Job Protection

    On March 18, 2020, the New York State Assembly approved, and Governor Cuomo signed into law, a bill (the "Act")...
    United StatesEmployment and HR
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Rule 23(f) Petition To Appeal "Negotiation Class" Certification

    On September 11, 2019, Judge Polster of the Northern District of Ohio granted certification of a novel "negotiation class" of cities and counties in the opioid MDL.
    United StatesLitigation, Mediation & Arbitration
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP

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