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Corporate Governance
Corporate Focus on ESG Evolves With Times
Jeroen Ouwehand and Thais Garcia, partners with Clifford Chance, are members of the firm’s ESG Board. Ouwehand, who is the firm’s senior partner serves as the ESG Board’s chair. Here, they discuss the growing scope and influence of ESG developments, what it means for businesses worldwide, particularly around environmental issues, and the important role general counsel play in the picture.
Read MoreInsurance Coverage & Recovery
A Primer on Representation and Warranty Insurance Coverage Scope
Counsel James Grayer of Clifford Chance shares what he wishes clients knew when it comes to RWI coverage.
Read MoreHealthcare
Time for a Check-Up: the U.S. Healthcare Industry Remains Subject to Aggressive Criminal Antitrust Enforcement
In recent years, participants in U.S. healthcare markets have witnessed aggressive efforts by U.S. authorities to pursue criminal penalties for antitrust violations. That trend appears set to continue: as Acting Assistant Attorney General Richard Powers reiterated during an interview on February 12, 2021, the U.S. Department of Justice Antitrust Division (DOJ) remains focused on investigating and, if appropriate, criminally prosecuting antitrust violations in healthcare industries.
Read MoreFinance
Financial Distress Triggered by the Impact of the Coronavirus - Tip Sheet for Financial Sponsor Appointed Directors in the US
The economic challenges brought about by the sudden and wide-ranging economic impact of the coronavirus have resulted in boards facing unprecedented situations and challenges ahead. Directors, irrespective of whether appointed by a financial sponsor or other stakeholder, need to act in accordance with their fiduciary duties, as determined by, among other things, the laws of a corporation's state of incorporation and a corporation's governing documents.
Read MoreMergers & Acquisitions
European M&A: Transatlantic Perspectives on Deal Certainty
The impact of the Covid-19 pandemic on targets resulted in counterparties analyzing whether they were still obliged to complete transactions that had signed or able to renegotiate price. As financial sponsors and strategic acquirers in Europe considered their options, certain buyers in the U.S. decided to fast-track their thinking and moved to walk away.
Read MoreLitigation Funding
Liquidity and Alternatives: Exiting alternative positions for LPs
The COVID-19 pandemic initially wiped significant value from public markets across the world (in some cases, resulting in double digit losses). While the public markets have somewhat bounced back since the initial COVID-19 downturn, some investors are still seeing their portfolios become disproportionately skewed or weighted towards alternatives which have not been revalued (commonly referred to as “the denominator effect”).
Read MoreLegal Tech
Coronavirus: The U.S. Legal Framework Supporting the Validity of Electronic Signatures
International businesses have been adopting technology in many aspects of their transactions to efficiently use their time and resources. This includes seeking to execute documents using electronic signatures.
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