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Insight
Illumina vs European Commission: the EU General Court endorses the Commission’s new approach to Article 22 EUMR allowing the capture of mergers below the thresholds
by Maxence Jonvel
July.21.2022
In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union upheld the decision of the European Commission whereby the ...
Insight
The rule in Gibbs: safeguarding creditors’ rights or aiding and abetting "hold out" in foreign insolvencies?
by Raniero D'Aversa and Evan C. Hollander
February.12.2018
There is an English common law rule that a debt governed by English law cannot be discharged or compromised by a foreign insolvency proceeding.
Insight
Décryptages Episode 5 ‐ Antitrust: record sanctions, and after?
January.06.2021
What is private enforcement? Olivier Jouffroy and Malik Idri discuss this competition law procedure that allows victims of anti-competitive practices ...
Insight
Décryptages Episode 3 – Self-denunciation or not? How companies solve problems surrounding critical infractions
December.17.2020
Orrick’s Patrick Hubert, Frédéric Lalance, and Laurent Olléon discuss a number of issues including the role of the protagonists in business.
Insight
Décryptages Episode 7 ‐ Dealing with issues and liability risks related to the Raison d’Etre of companies (1/2)
February.10.2021
Different perspectives between Alain Pietrancosta and Alexis Marraud des Grottes.
Part 1: The History, Concept and Adoption of the Raison d’Etre
Part 1: The History, Concept and Adoption of the Raison d’Etre
Insight
Décryptages Episode 6 ‐ Aledia
January.27.2021
Welcome to the world of 3D LEDs imagined by Giorgio Anania: Aledia 10 years already.
Insight
Second Circuit Affirms Sabine: New Focus on Horizontal Privity Requirement May Affect Oil and Gas Gathering Agreement Terms
by Jonathan Ayre, Robert Loeb and Darrell Thomas
September.06.2018
The Sabine Oil & Gas Corp. chapter 11 bankruptcy has been closely watched by many for guidance on how to structure midstream gathering agreements ...
Insight
LIBOR . . . Coming to an End?
December.20.2018
LIBOR is the reference rate for hundreds of trillions of dollars in financial contracts, ranging from syndicated loans, floating rate bonds and notes ...
Insight
Bank Resolution in Greece
by Scott Morrison, Raniero D'Aversa, Nikiforos Mathews and Simon Willis
July.07.2015
Introduction
The result of Sunday’s (5 July 2015) referendum which rejected the latest proposed bailout by the European authorities was ...
Insight
Second Circuit Affirms Enforceability of Flip Provisions in Swap Agreements Under Bankruptcy Code Safe Harbor
by Daniel A. Rubens
September.02.2020
For over a decade, Lehman Brothers Special Financing (“LBSF”) has been litigating the enforceability of so-called “flip clauses” in connection with ...
Insight
Décryptages Episode 8 ‐ From Due Diligence Obligations to Sustainable Governance and Say on Climate (2/2)
June.03.2021
Part 2 - The Say on Climate, a practice going global under pressure from investors and interested parties