Foreign Direct Investment: key recent and future developments in Europe and the US
Bryan Cave Leighton Paisner LLP
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2d ago
Strengthening inbound investment screening In response to growing national security concerns, many jurisdictions are sharpening their screening regimes - primarily through capturing more types of investment. France One of the key Covid-era temporary amendments to the French FDI regime - the 10% notification threshold for investments made by non-EU and non-EEA investors in listed companies - has been made permanent (although it is worth noting that this lower threshold benefits from a fast-track scheme, which is not available for acquisitions that trigger the 25% threshold). Furthermore, the ty ..read more
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Digital Speaks - Don't Gamble on Your Consumer T&Cs
Bryan Cave Leighton Paisner LLP
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2d ago
Online terms and conditions have long been a challenge for businesses. How can you simultaneously ensure a consumer is made aware of the key terms of an online contract (so they are incorporated into the contract) whilst also not testing a consumer’s patience with a dense thicket of online terms / website pages which must be navigated before a purchase can be made? Creating a frictionless customer ‘journey’ (in website architecture parlance) is the holy grail for consumer-facing businesses. The Court of Appeal decision in Parker-Grennan v Camelot is the first time the English courts have consi ..read more
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The UK hydrogen policy – infrastructure and industry concerns
Bryan Cave Leighton Paisner LLP
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2d ago
Whilst the UK’s hydrogen policy was established by the Ten Point Plan in November 2020, the 2021 Hydrogen Strategy was intended to stimulate the next steps for hydrogen energy development and delivery. The strategic goals include job creation, decarbonisation, and technological leadership. In advancing these goals, the government concluded its Hydrogen Allocation Round (“HAR1”) on 14 December 2023 by selecting 11 projects to receive over £2 billion in revenue support whilst on the same date also launching its second Hydrogen Allocation Round (“HAR2”). Whilst these efforts signal an active role ..read more
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BRIEFCASE 2024 QUARTER 1: KEY REAL ESTATE CASES AND UPDATES
Bryan Cave Leighton Paisner LLP
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2d ago
  Blackhorse Investments (Borough) Ltd v Southwark London Borough Council Upper Tribunal considers whether common long leasehold covenants can be modified The Upper Tribunal found that an alienation covenant, a keep open covenant and a best endeavours covenant were outside of its jurisdiction to modify. Read more > IAA Vehicle Services Limited v HBC Limited When the clock stops – is time of the essence for deposit payments?  The High Court decided that even though payment of a deposit was required when an option to purchase was exercised, the fact that time was not of the essence ..read more
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European distressed real estate – how will it play out this time?
Bryan Cave Leighton Paisner LLP
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6d ago
BCLP’s Pan-European Real Estate team hosted a round-table event on 27 February 2024 with several Managing Directors at Alvarez & Marsal to discuss the European commercial real estate market, including the latest developments on distressed real estate. This article summarises some of the topics discussed, including the real estate debt market and refinancing pressures that characterised 2023, the outlook for European commercial real estate in 2024, the challenges facing the German real estate market and trends in cross-border restructuring processes, particularly following the decision invo ..read more
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BSA 2022: recommended changes to construction contracts
Bryan Cave Leighton Paisner LLP
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6d ago
This article contains links which are only accessible by PLC subscribers. UK construction standard form contracts tend to be robust enough to deal with most external events without requiring amendment, although parties may of course choose to amend them to reflect party and project specific matters. Building safety reform is different. The new regulatory regime for higher-risk buildings (HRBs) introduces new concepts and processes, some with related time and money implications. Unamended standard forms simply do not have the machinery to deal with these because the new regime bears little rese ..read more
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The Evolving Real Estate and Construction Disputes Landscape
Bryan Cave Leighton Paisner LLP
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6d ago
Strategies for resolving disputes among the different parties to development projects Parties to development projects want to develop long-term commercial and business relationships. This greatly assists in the successful delivery of live projects but also goes a long way to building lasting relationships based on trust for collaboration on future projects. A key strategy for resolving disputes is to avoid them in the first place. Contracting parties are encouraged to actively participate in contract administration and identify, discuss, and resolve issues contemporaneously rather than let th ..read more
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SEC Adopts Expanded Exchange Act Dealer Rules: What Do the New SEC Rules Mean for DeFi?
Bryan Cave Leighton Paisner LLP
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6d ago
In March of 2022, the SEC proposed rules to include “any market participant that engages in activities as describe in the rules [as] a ‘dealer’ or ‘government securities dealer[.]’”[1]On February 6, 2024, the SEC adopted these rules, modifying Exchange Act Rules 3a5-4 and 3a44-2 to “further define the phrase ‘as a part of a regular business’” in Sections 3(a)(5)—for standard “dealers”—and 3(a)(44)—for government securities dealers—of the Securities Exchange Act of 1934.[2]These adopted rules not only broaden the definition of a “dealer” under the Exchange Act, but also potentially place certai ..read more
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NEC ECC Hong Kong Edition: 5 Key Features
Bryan Cave Leighton Paisner LLP
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1w ago
The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”). Whilst jurisdiction-specific clauses have been published in the past, for example, the Y clause for Australia, Ireland and New Zealand, the Hong Kong Edition is the first jurisdiction now to have its own “stand-alone” set of Engineering and Construction Contract (“ECC”) conditions. The stated purpose of this jurisdiction-specific edition is clear – to increase the take up of NEC in Hong Kong public ..read more
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Reforms to NSIP application process coming forward this spring
Bryan Cave Leighton Paisner LLP
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1w ago
Reforming parts of the DCO process has been a government objective since 2020 to ensure the process works effectively to deliver the country’s future infrastructure needs. This spring (2024) will see some operational reforms to the NSIP consenting process, proposed initially in the NSIP Action Plan in 2023 and consulted on last summer, come to fruition.    The changes to the process, now confirmed in the consultation outcome published alongside the Spring Budget 2024, should give applicants navigating the DCO system more certainty and confidence, particularly those parts of it t ..read more
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