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Recent Delaware Case Makes First Finding of "Material Adverse Effect": Key Takeaways

USA - October 11 2018 The recent decision of the Delaware Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG et. al is the first time a Delaware court has found a material adverse effect in......

Markus P. Bolsinger, Adam D. Rosenthal, Paul Bennett IV, Joshua D. N. Hess, Allie M. Misner.


The Congressional Review Act: Striking a New Balance between Congressional Control and Regulatory Initiative - The Fate of the Leveraged Lending Guidance at Issue

USA - November 2 2017 After more than two decades in obscurity, the Congressional Review Act (CRA) has now emerged as a major factor in the relationship between the U.S...

Thomas C. Bogle, Robert H. Ledig, Thomas P. Vartanian.


Riding the BDC Consolidation Wave

USA - January 12 2016 The past 18 months have seen a wave of consolidation among business development companies ("BDCs"). Oak Hill Advisors, L.P. took over the advisory...

Olumide A. Onafowora, William J. Tuttle, William J. Bielefeld.


Opportunities for banking entities under the joint venture provision of the Volcker Regulations

USA - October 15 2015 Under the Volcker Regulations (Regulations),banking entities are sharply restricted in their ability to invest in and sponsor entities that are...

Adam D. Rosenthal, David J. Harris, Robert H. Ledig, Robert J. Rhatigan.


SEC charges private equity fund adviser with misallocating expenses between portfolio companies

USA - October 15 2014 The U.S. Securities and Exchange Commission (SEC or Commission) issued a cease and desist order on September 22, 2014 (Order) against private equity...

Layla Chung, David A. Vaughan.