EUROPEAN PRIVATE EQUITY
European private equity fundraising hit €91.9 billion in 2017, the highest it has been since 2006. This record fundraising has led to a number of trends, including a continued rise in the levels of dry powder, the increasing prevalence of co-investments and a greater appetite for minority investments.
JAPAN TO ALIGN WITH GDPR
Japan and the EU have agreed to recognize each other’s data protection regimes as providing adequate protections for personal data. Once finalized, these “reciprocal adequacy” decisions will allow personal data to flow between companies in Japan and the EU without being subject to additional safeguards.
UTILITY-OWNED RENEWABLE ENERGY
As electric utilities begin to generate their own renewable energy rather than merely purchase it, new opportunities and challenges are coming into focus for developers, utilities and equipment suppliers alike, including a new interest in build-transfer agreements. The end result may be more renewable energy deployed — but under different ownership structures, with different challenges, risks and rewards for the players.
ATTRACTING COMMERCIAL CASES TO NEW YORK
New changes in the Commercial Division of the New York State Supreme Court address the concerns of clients litigating large-scale commercial disputes, including a focus on efficiency, reduced costs and the quality of judicial treatment. Through these changes, the court seeks to elevate its status as an attractive forum for domestic and international institutional clients litigating high-stakes complex disputes.
COLLECTIVE ACTIONS IN EUROPE
The “New Deal for Consumers” proposes to introduce an EU-wide compensatory redress mechanism to protect the collective interests of consumers. Despite 20 years of legislative activity and a set of 2013 recommendations on the topic, a harmonized approach to collective redress such as group or class actions does not currently exist throughout the European Union.
DERIVATIVE CLAIMS IN BANKRUPTCY
In CML V, LLC v. Bax, the Delaware Supreme Court held that creditors of a Delaware LLC lack standing to pursue derivative breach-of-fiduciary-duty claims, even if the LLC is insolvent or near insolvent. Recent developments promise to alter the landscape of committee-driven bankruptcy litigation in cases involving Delaware LLCs by significantly curtailing the ability of an official committee to assert derivative claims.
Best Practices For Election of Members to International & Regional Treaty Bodies
This report sets forth several proposals for U.N. treaty bodies' nomination and election procedures that would help improve diversity and achieve gender balance among treaty body members.
Analyzing Akorn: Delaware’s First M&A Termination Under Material Adverse Effect
The 246-page Akorn opinion provides a trenchant analysis in an area rarely explored by the Delaware courts.
SEC Investigative Report on Cybersecurity Emphasizes Internal Controls
On October 16, 2018, the SEC issued a report detailing an investigation into the internal accounting controls of nine issuers that were victims of cyberfraud. In releasing the report, the SEC is sending a message that it expects issuers to not only act responsibly in the event of a cybersecurity incident but also to institute appropriate controls to mitigate the risks of cyber-related threats and safeguard company assets from those risks.