Government - Investment Banking Today

MoFo’s State + Local Government Enforcement Newsletter - August 2024

JD Supra: Mergers

AUGUST 14, 2024

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and local government agencies and legislative bodies, with links to primary resources.

Government

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

JD Supra: Mergers

SEPTEMBER 10, 2024

The Small Business Administration (SBA) recently issued a proposed rule (Rule) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and the effect of such recertifications.

M&A

M&A Government Mergers and Acquisitions Mergers

AI Considerations in Government Contract Related M&A Transactions

JD Supra: Mergers

AUGUST 7, 2024

federal government both increased its spending in the area and the speed with which it adopted guidelines on the utilization of AI more generally. As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. This tracks other actions outside the U.S.,

Government

Government M&A Utilities Investment

Key developments in corporate governance - August 2024

JD Supra: Mergers

AUGUST 5, 2024

This briefing is the seventh in our series of briefings on corporate governance and is designed to provide a synopsis of topical corporate governance matters impacting companies in the United Kingdom. This briefing tracks developments identified in our previous briefings and outlines new matters of interest.

Government

Government Corporation Advisory

Hot Topics in International Trade - August 2023- Compliance Issues in Government “Buy America” Solicitations

JD Supra: Mergers

AUGUST 7, 2023

This article discusses compliance “Buy America” provisions in federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts.

Government

Government Trading Acquisitions IT

Transferring Federal Government “Other Transaction” Agreements

JD Supra: Mergers

SEPTEMBER 10, 2024

Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract administration and audit services for federal Government contracts. As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. By: Smith Anderson

Government

Government Acquisitions Business

HSR and Potential Government Shutdown

JD Supra: Mergers

FEBRUARY 19, 2024

government’s funding bills are now set to expire on March 1 or March 8, 2024. It is therefore possible once again that there will soon be a government shutdown, with important consequences for the Hart-Scott-Rodino (HSR) filing process and the running of the HSR waiting period. By: Kramer Levin Naftalis & Frankel LLP

Government

Government Funds IT

Government-Ordered Market Studies and Less Efficiencies: Canadian Government Introduces Amendments to the Competition Act

JD Supra: Mergers

SEPTEMBER 25, 2023

The Canadian government has proposed giving the Minister of Innovation, Science and Industry the ability to direct the Competition Bureau to conduct market studies with the ability to compel production of related documents and testimony from market participants, among other amendments. By: Stikeman Elliott LLP

Government

UK National Security and Investment Regime: Government Publishes Latest Annual Report

JD Supra: Mergers

SEPTEMBER 13, 2024

The UK government has released its latest annual report on the National Security and Investment (NSI) Act, covering the period from 1 April 2023 to 31 March 2024.

Government

Government Securities Investment Acquisitions

Governance Insights: 10 Trends that GCs and Boards Need to Know

JD Supra: Mergers

JANUARY 25, 2024

The latest edition of Davies’ Governance Insights is now available. In this issue, we explore 10 important trends that will help general counsel and boards navigate the year ahead.

Government

Moving the Goalposts: Football Governance Bill introduces Independent Football Regulator to Parliament

JD Supra: Mergers

MARCH 27, 2024

As the UK Government seeks to put sustainability at the heart of the beautiful game, in this article we consider: The Bill’s introduction to Parliament represents the culmination of several years of UK Government activity focused on increasing regulation in men’s football. By: Allen & Overy LLP

Government

FRC publishes revised UK Corporate Governance Code

JD Supra: Mergers

JANUARY 25, 2024

On 22 January 2024, the FRC published a revised edition of the UK Corporate Governance Code (the Code).

Government

Government Corporation Consulting IT

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

JD Supra: Mergers

MAY 15, 2024

The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework.

Government

Government Investment Economics Capital

Australian Government consults on merger reform

JD Supra: Mergers

DECEMBER 7, 2023

The Australian Government has commenced consultation on options to reform Australia's merger regime, including a shift to a mandatory suspensory regime. Businesses have until 19 January 2024 to respond to the consultation. By: White & Case LLP

Consulting

Consulting Government Mergers Business

Australian Government Proposes Monetary and Market Share Thresholds for Mandatory Merger Clearance Regime

JD Supra: Mergers

SEPTEMBER 13, 2024

The Australian Government (the Government) opened consultation on Australia’s proposed merger notification thresholds. The Consultation Paper proposes a notification regime that consists of four different thresholds—two based on monetary thresholds and two based on market concentration. By: K&L Gates LLP

Government

Government Mergers Consulting Shares

U.S. Government Shutdown: Implications for Antitrust and CFIUS Filings

JD Supra: Mergers

OCTOBER 2, 2023

federal government is facing a possible shutdown beginning this Sunday, October 1, 2023. Congress has until September 30, which marks the end of the fiscal year, to enact appropriations for government agencies and programs. By: Allen & Overy LLP

Government

UK Government Confirms EEA UCITS Equivalent Under Overseas Funds Regime

JD Supra: Mergers

FEBRUARY 12, 2024

To address the limitations of the current temporary marketing permission regime (“TMPR”), which permits EEA funds marketed in the UK before Brexit to continue to access the UK market, the UK government introduced the overseas funds regime (“OFR”). By: Cadwalader, Wickersham & Taft LLP

Government

Government Funds Retail Investors

Canadian Government Introduces Important Amendments to the Competition Act

JD Supra: Mergers

SEPTEMBER 25, 2023

On September 21, 2023 the federal government proposed key amendments to the Competition Act (Act).

Government

Australia Mandatory Merger Clearance: Government Decides on Thresholds—Introduces Legislation

JD Supra: Mergers

OCTOBER 17, 2024

In Brief - On 10 October 2024, the Australian Government introduced a bill into Parliament for Australia to enact a mandatory and suspensory competition merger clearance regime. By: K&L Gates LLP

Government

Government Mergers

UK Government Taking Longer With FDI Reviews, but Clearance Rates Higher

JD Supra: Mergers

OCTOBER 1, 2024

The Situation: On September 10, 2024, the UK government published the third National Security and Investment Act 2021 Annual Report ("2023/2024 Annual Report"), revealing longer processing times for foreign direct investment ("FDI") reviews, but lower rates of Phase 2 call-ins and conditions being imposed. By: Jones Day

Government

Government Investment Securities

Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

JD Supra: Mergers

APRIL 11, 2024

With increasing variation of transactions comes increasing variation of equity providers and their requests and requirements related to the governance of the investment vehicles they share with their independent sponsor partners. By: Holland & Knight LLP

Government

Government Portfolio Equities Shares

The New UK Government, Industrial Strategy and the National Security and Investment Act

JD Supra: Mergers

OCTOBER 23, 2024

At a meeting of business leaders and global investors in London in mid-October, Prime Minister Sir Keir Starmer told the audience that his government would "rip up" Britain's bureaucracy in a bid to unlock the "shock and awe of investment."

Government

Government Investment Securities Investors

UK Open for M&A - Government Seeks Evidence on National Security and Investment Act Scope

JD Supra: Mergers

FEBRUARY 21, 2024

The UK government is considering steps to make the regime more business-friendly, while maintaining and refining essential national security protections. The National Security and Investment Act 2021 (NSIA), the UK’s first standalone regime for screening investments on national security grounds, has been in force for two years.

Government

Government Securities Investment M&A

French government extends the scope of application of the French Foreign Direct Investment screening regime

JD Supra: Mergers

JANUARY 16, 2024

In addition to the new resources allocated to the Government unit in charge of the French FDI laws, the French government adopted, on 28 December 2023, additional measures which. France is currently strengthening its foreign direct investment (“FDI”) screenings regime. By: Hogan Lovells

Government

Government Investment IT

China Stocks Surge After Government Measures to Boost Economy

The New York Times: Banking

OCTOBER 7, 2024

The government has fired up investors by encouraging banks to lend more to buyers of stock and real estate, but economists say more stimulus is needed.

Government

Government Stock Banking Bank

CBCA Corporations to Begin Submitting Transparency Registers to the Government: Public Access to Follow

JD Supra: Mergers

DECEMBER 22, 2023

Beginning January 22, 2024, federal corporations will be required to provide certain information from their registers of individuals with significant control (“ISC Registers”) to the federal government, which will then enter that information into what is to become a publicly accessible database.

Government

Government Corporation

Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

JD Supra: Mergers

APRIL 16, 2024

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime. By: K&L Gates LLP

Government

Government Mergers

UK Government Consults on Changes to Application of National Security and Investment Act

JD Supra: Mergers

DECEMBER 7, 2023

The UK government recently issued a Call for Evidence seeking input from stakeholders regarding potential changes to how it enforces the National Security and Investment Act (NSIA), which enables the UK government to scrutinise certain investments in the United Kingdom on national security grounds.

Government

Government Securities Investment Consulting

DOGE coming: Beware these stocks that get the most revenue from the government

CNBC: Investing

NOVEMBER 24, 2024

TD Cowen identified government contractors with the highest amount of dollars obligated in fiscal year 2023, both overall and by individual federal department.

Government

Government Stock

New FTC plan for a possible government shutdown would shut down reportable mergers and acquisitions

JD Supra: Mergers

FEBRUARY 27, 2024

In late January 2024, the Federal Trade Commission (“FTC”) released an updated operating plan in the event Congress does not pass a funding bill and the government shuts down. In a dramatic departure from prior practice, the FTC for the first time plans to also close down its premerger filing operations during such a scenario.

Mergers and Acquisitions

Mergers and Acquisitions Government Mergers Acquisitions

Ten steps to successful data governance in mergers and acquisitions

JD Supra: Mergers

FEBRUARY 27, 2024

Introduction - The latest EY-Parthenon Deal Barometer reveals an anticipated 12% increase in corporate mergers and acquisitions (M&A) activity for the year 2024, with more than a third of CEOs actively planning to make an acquisition in the next 12 months. By: Onna Technologies, Inc.

Mergers and Acquisitions

Mergers and Acquisitions Mergers Acquisitions Government

Amendments to DGCL Proposed After Chancery Decisions on M&A Practice and Stockholder Agreements on Corporate Governance Rights

JD Supra: Mergers

APRIL 25, 2024

By: Morgan Lewis

Corporation

Corporation Government M&A Mergers

Occasional Activists: Shaping Corporate Governance in 2024

JD Supra: Mergers

AUGUST 20, 2024

In our previous client alert, The Rise of the “Occasional Activist,” we discussed the increase in shareholder activism through 2022 by “occasional activists” – investors who are not funds dedicated to activist strategies or who do not regularly employ activist tactics, such as institutional investors and individuals, including company insiders.

Government

Government Corporation Investors Funds

Beware these stocks that rely on government spending if Musk’s DOGE threatens budgets

CNBC: Investing

NOVEMBER 19, 2024

Morgan Stanley's trading desk found stocks that are closely tied to government spending.

Government

Government Stock Trading

New Sweeping Competition Powers for the Canadian Government

JD Supra: Mergers

DECEMBER 19, 2023

With the passing of Bill C-56, the most recent in an ongoing series of amendments to the Competition Act have now been enacted (with more expected to follow). The Commissioner of Competition has been pushing for amendments to the Act for years, following several significant losses in front of the Competition Tribunal and Federal Court of Appeal.

Government

Under Pressure—Rethinking Board Practices - A Jones Day Governance Perspective.

JD Supra: Mergers

JULY 26, 2024

The Situation: Boards of directors face increasingly intense workloads, pressure to respond to developments in real time, and exposure to a higher level of legal risk than ever before. By: Jones Day

Government

Court of Chancery Grants Rare Motion to Dismiss Suit Governed by Entire Fairness Standard

JD Supra: Mergers

JUNE 20, 2024

The electric vehicle company Canoo went public in a de-SPAC transaction in December 2020. After its stock price fell, a stockholder in the SPAC who chose not to redeem his stock sued the SPAC board and its controller for breaching their fiduciary duties. By: Jones Day

Government

Government Stock IT

Growing Clarity: FinCEN Continues to Update Beneficial Ownership Reporting FAQs

JD Supra: Mergers

APRIL 29, 2024

Importantly, the updates provide insight on BO access by foreign governments, law enforcement and financial institutes. By: Seyfarth Shaw LLP

Financial Institution

Financial Institution Government Corporation

Australia’s proposed mandatory merger notification thresholds announced

JD Supra: Mergers

SEPTEMBER 3, 2024

On Friday 30 August 2024 the Australian Government released its much-anticipated proposed mandatory merger notification thresholds, marking a significant milestone in Australia’s shift to a mandatory merger regime.

Mergers

Mergers Consulting Government IT

Less Efficiency, More Politics: Canadian Government Announces Three Forthcoming Amendments to the Competition Act

JD Supra: Mergers

SEPTEMBER 18, 2023

On September 14, the Prime Minister’s Office announced forthcoming amendments to the Competition Act that will create new information-gathering powers, eliminate the “efficiencies defence” for mergers, and impose new restrictions on certain types of “collaborations” (including restrictive covenants in grocery store leases and, potentially, joint purchasing (..)

Government

Government Collaboration Mergers

Customer information sharing in the Economic Crime and Corporate Transparency Act key points for firms

JD Supra: Mergers

OCTOBER 14, 2024

The UK Government published accompanying guidance in October 2024. Quicker and easier sharing of customer information relating to economic crime concerns between firms in the UK financial sector has been encouraged by provisions in the Economic Crime and Corporate Transparency Act 2023 (Act), which came into force on 15 January 2024.

Economics

Economics Corporation Shares Government

Businesses in D.C. Blame the Government for the District’s Empty Offices

The New York Times: Banking

MAY 22, 2024

Workers in Washington have returned to the office slowly, with a pervasive and pronounced effect on the local economy.

Government

Government Business Financial Institution Bank

Casting a wider digital net: the UK’s expanded mergers jurisdiction under the DMCC Act

JD Supra: Mergers

OCTOBER 2, 2024

The UK Government has recently confirmed that the digital markets and competition parts of the DMCC Act are likely to come into force in December 2024 or January 2025.

Mergers

Mergers Government

Treasury and IRS Release Proposed Corporate Alternative Minimum Tax Regulations

JD Supra: Mergers

OCTOBER 22, 2024

Its 182 pages (including 62 pages of preamble) describe a parallel corporate tax system that largely draws from existing rules governing financial and tax accounting, but that may be unfamiliar to experts in each by its combination of the two. By: Cadwalader, Wickersham & Taft LLP

Corporation

Corporation Accountant Government IT

MoFo’s State + Local Government Enforcement Newsletter - August 2024

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

Trending Sources

AI Considerations in Government Contract Related M&A Transactions

Key developments in corporate governance - August 2024

Hot Topics in International Trade - August 2023- Compliance Issues in Government “Buy America” Solicitations

Transferring Federal Government “Other Transaction” Agreements

HSR and Potential Government Shutdown

Government-Ordered Market Studies and Less Efficiencies: Canadian Government Introduces Amendments to the Competition Act

UK National Security and Investment Regime: Government Publishes Latest Annual Report

Governance Insights: 10 Trends that GCs and Boards Need to Know

Moving the Goalposts: Football Governance Bill introduces Independent Football Regulator to Parliament

FRC publishes revised UK Corporate Governance Code

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

Australian Government consults on merger reform

Australian Government Proposes Monetary and Market Share Thresholds for Mandatory Merger Clearance Regime

U.S. Government Shutdown: Implications for Antitrust and CFIUS Filings

UK Government Confirms EEA UCITS Equivalent Under Overseas Funds Regime

Canadian Government Introduces Important Amendments to the Competition Act

Australia Mandatory Merger Clearance: Government Decides on Thresholds—Introduces Legislation

UK Government Taking Longer With FDI Reviews, but Clearance Rates Higher

Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

The New UK Government, Industrial Strategy and the National Security and Investment Act

UK Open for M&A - Government Seeks Evidence on National Security and Investment Act Scope

French government extends the scope of application of the French Foreign Direct Investment screening regime

China Stocks Surge After Government Measures to Boost Economy

CBCA Corporations to Begin Submitting Transparency Registers to the Government: Public Access to Follow

Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

UK Government Consults on Changes to Application of National Security and Investment Act

DOGE coming: Beware these stocks that get the most revenue from the government

New FTC plan for a possible government shutdown would shut down reportable mergers and acquisitions

Ten steps to successful data governance in mergers and acquisitions

Amendments to DGCL Proposed After Chancery Decisions on M&A Practice and Stockholder Agreements on Corporate Governance Rights

Occasional Activists: Shaping Corporate Governance in 2024

Beware these stocks that rely on government spending if Musk’s DOGE threatens budgets

New Sweeping Competition Powers for the Canadian Government

Under Pressure—Rethinking Board Practices - A Jones Day Governance Perspective.

Court of Chancery Grants Rare Motion to Dismiss Suit Governed by Entire Fairness Standard

Growing Clarity: FinCEN Continues to Update Beneficial Ownership Reporting FAQs

Australia’s proposed mandatory merger notification thresholds announced

Less Efficiency, More Politics: Canadian Government Announces Three Forthcoming Amendments to the Competition Act

Customer information sharing in the Economic Crime and Corporate Transparency Act key points for firms

Businesses in D.C. Blame the Government for the District’s Empty Offices

Casting a wider digital net: the UK’s expanded mergers jurisdiction under the DMCC Act

Treasury and IRS Release Proposed Corporate Alternative Minimum Tax Regulations

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