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March 18, 2014 |

Big Firms Wait on Sidelines as West Slaps Russia With Sanctions

The Obama administration and European Union announced sanctions Monday against several key individuals with ties to the Kremlin, just one day before President Vladimir Putin said he would accept Crimea's bid to join the Russian Federation. Caught in the middle are several top international and Am Law 100 firms, whose Moscow offices could be adversely affected. should the schism between East and West become more pronounced. Amid the uncertainty, two big Russian M&A deals yielded roles this week for four Magic Circle firms.

9 minute read

March 12, 2014 |

The Interpretation of Contractual Survival Clauses

We wrote recently about two cases interpreting contractual survival clauses under Delaware law. The cases—GRT v. Marathon GTF Technology, C.A. No. 5571-CS (Del. Ch. Jul. 11, 2011), and ENI Holdings v. KBR Group Holdings, C.A. No. 8075-VCG (Del. Ch. Nov. 27, 2013)—held that provisions limiting the period of time in which representations and warranties survive closing act as a statute of limitations on the nonbreaching party's ability to commence litigation for breach.

6 minute read

March 01, 2014 |

Commentary: Time for a Global Dialogue

A GC and an ex-regulator urge cooperating to fight corruption.

4 minute read

February 11, 2014 |

Interpretation of Contractual Survival Clauses Under Del. Law

Agreements, especially acquisition agreements, typically contain representations and warranties by one party to the other. The agreements also typically prescribe the duration of those representations and warranties in so-called survival clauses. The treatment of these clauses under Delaware law may surprise many practitioners. In GRT v. Marathon GTF Technology Ltd., C.A. No. 5571-CS (Del. Ch. Jul. 11, 2011), Delaware Chancery Court Chancellor Leo E. Strine Jr. held that a clause limiting the period of time in which contractual representations and warranties survive closing acts as a statute of limitations on the buyer's ability to commence litigation for breach.

7 minute read

January 30, 2014 |

Blackstone Has Record Fourth-Quarter Profit On Fund Exits

Blackstone Group, the world's biggest manager of alternative assets such as private equity and real estate, posted a record fourth-quarter profit as the carrying value of its holdings gained and it sold assets. The shares rose the most in a year.

3 minute read

January 17, 2014 |

Unapproved Opinions

Opinions not approved for publication.

60 minute read

January 14, 2014 |

Regulated Enterprises Must Help With Global Regulation

Regulated enterprises can be a strong aid in the fight against corruption and other illegal activities.

4 minute read

January 09, 2014 |

Daily Decision Service Alert: Vol. 23, No. 6 - January 9, 2014

Daily decision alert.

12 minute read

ENI Hldg. v. KBR Grp. Hldg., DEFAX Case No. D66059 (Del. Ch. Nov. 27, 2013) Glasscock, V.C. (61 pages).

Publication Date: 2013-12-25

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Court: Delaware Court of Chancery

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Case number: D66059

ENI Hldg. v. KBR Grp. Hldg., DEFAX Case No. D66059 (Del. Ch. Nov. 27, 2013) Glasscock, V.C. (61 pages).

Publication Date: 2013-12-18