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Q1 2016 U.S. Legal and Regulatory Developments
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • USA
  • April 27 2016

The following is our summary of significant U.S. legal and regulatory developments during the first quarter of 2016 of interest to Canadian companies


Delaware Law Updates - Delaware law on advancement of fees incurred by former officers and directors
  • McCarter & English LLP
  • USA
  • April 21 2016

In a recent Delaware Court of Chancery case - Hyatt v. Al Jazeera America Holdings II, LLC, C.A. No. 11465-VCG - Vice Chancellor Sam Glasscock III of


North Carolina Supreme Court Reiterates Limited Blue Pencil Approach to Overbroad Non-Competes
  • Jackson Lewis PC
  • USA
  • April 14 2016

Historically, North Carolina has been in the minority of states in taking the limited “blue pencil” approach to overbroad non-compete agreements i


Advancement and Indemnification for Former Target Company D’s and O’s-Distinct Concepts with Different Results in the Private Company Acquisition Context
  • Weil Gotshal & Manges LLP
  • USA
  • April 14 2016

Buyer Required to Advance Expenses of Former Target Officers & Directors (that are also Selling Stockholders) for Defending Claims Brought by Buyer


Delaware Chancery Court Dismisses Challenge to Merger of MLPs
  • Bracewell LLP
  • USA
  • April 7 2016

In an opinion issued on March 29, 2016, the Delaware Chancery Court dismissed a challenge to the 2015 acquisition of Regency Energy Partners LP


Sidley Perspectives on M&A and Corporate Governance - April 2016
  • Sidley Austin LLP
  • China, USA
  • April 7 2016

In recent years, we have seen a large uptick in the number of “books and records” inspection demands brought by stockholders of Delaware corporations


Private Equity Funds Liable for Portfolio Company's Pension Obligations
  • McCarter & English LLP
  • USA
  • April 7 2016

A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken


Delaware M&A Quarterly - Spring 2016
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • USA
  • April 5 2016

After issuing several decisions in which it indicated it would review disclosureonly settlements with increased scrutiny, in In re Trulia, Inc


New Sun Capital Ruling Considers ERISA Obligations of Private Equity Firms
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • USA
  • April 5 2016

Private equity funds should consider the impact of a March 28 lower court decision in the Sun Capitalcase, which may increase the risk that funds


Litigation Alert: Private Equity Funds Liable for Withdrawal Liability Although Each Had Less Than 80 Ownership
  • Reed Smith LLP
  • USA
  • March 31 2016

In 2013, the First Circuit issued the highly publicized decision in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension