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PERUVIAN UPDATE: Changes To Peruvian Merger Control Legislation

On May 11th, 2020 the Peruvian Government has modified certain provisions contained in the Peruvian Merger Control Legislation (“MCL”), originally approved by Urgency Decree N° 013-2019. Vacatio legis. The Peruvian Government deferred the application of the MCL (originally on August 20, 2020) until March 1, 2021. Concentrations occurring prior to said date will not be … Continued

This article was co-authored by Carlos A. Patrón (Partner) and David Kuroiwa H. (Senior Associate) - Payet, Rey, Cauvi, Pérez Abogados (Lima)

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DANISH UPDATE: Nasdaq Introduces a Common Nordic Main Market Rulebook for Issuers of Shares

Nasdaq has introduced a “Nordic Main Market Rulebook for Issuers of Shares” (the “Rulebook”), comprising Nasdaq Copenhagen, Nasdaq Helsinki, Nasdaq Iceland and Nasdaq Stockholm (the “Exchanges”). The Rulebook entered into force on 1 May 2020 and is comprised of two parts. The first part is a harmonized set of rules applicable to issuers of shares … Continued

This article was co-authored by Dan Moalem (Partner) and Henning Hedegaard Thomsen (Senior Associate) at Moalem Weitemeyer Bendtsen (Copenhagen)

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CHINESE UPDATE: New Development in Cross-Border Regulatory Collaboration – Observations on CSRC Comments on Luckin Coffee Incident

The financial fraud committed by Nasdaq-listed Luckin Coffee Inc. (“Luckin Incident”) has sparked a heated discussion in the media and within relevant industries about whether the Chinese Securities Regulatory Commission (“CSRC”) will exercise long-arm jurisdiction pursuant to Paragraph 4 of Article 2[1] of the new Securities Law, implemented on March 1 of this year (“Securities Law”).  … Continued

Editors’ Note: Contributed by Adam Li, partner at JunHe and member of XBMA's Legal Roundtable.  Mr. Li is a leading expert in international mergers & acquisitions, capital markets and international financial transactions involving Chinese companies.  

This article was authored by Natasha Xie (Partner), Mandy Wu (Partner) and Yun Ding (Associate) - JunHe (Shanghai).

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Ecosystem Edge: Sustaining Competitiveness in the Face of Disruption

We are delighted to inform you of the publication of Ecosystem Edge: Sustaining Competitiveness in the Face of Disruption, a fascinating new book authored by Professor Peter Williamson of Cambridge Judge Business School, who is an XBMA Founding Director, and Professor Arnoud De Meyer of Singapore Management University, who co-hosted the recent XBMA Singapore symposium.  An introduction to some … Continued

Editors' Note:

Arnoud De Meyer is a University Professor at the Lee Kong Chian School of Business of Singapore Management University. He was previously President of SMU, Director of the Judge Business School of the University of Cambridge in the UK, and founding Dean of INSEAD’s Asia Campus in Singapore.

Peter J. Williamson is Professor of International Management at the University of Cambridge, Judge Business School, and Fellow and Director of Studies at Jesus College Cambridge, both in the UK. His research and teaching interests have focused on the impacts of the globalization of knowledge on multinational enterprises; nature and implications of the rise of emerging market multinationals; strategies and competitive advantages of Chinese companies; cross-border M&A; and business ecosystem innovation. Peter is a Founding Director of XBMA.

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GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for First Quarter 2020

Executive Summary/Highlights Global M&A volume was just US$730 billion in Q1 2020, a decrease of approximately 30% from Q4 2019 (US$1 trillion), approximately 25% from Q1 2019 (US$982 billion) and the lowest first-quarter global M&A volume since 2014 (US$657 billion). The decline in M&A volume relative to prior quarters was particularly pronounced in the United … Continued

Editors' Note: The XBMA Review is published on a quarterly basis in order to facilitate a deeper understanding of trends and developments. In order to facilitate meaningful comparisons, the XBMA Review has utilized generally consistent metrics and sources of data since inception. We welcome feedback and suggestions for improving the XBMA Review or for interpreting the data.

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FRENCH UPDATE: Revised Key Topics for Boards of Directors and Senior Management in Relation to the COVID-19 Crisis

This is a revised summary version of our initial client memos regarding the crisis. In his speech on March 16, President Macron stated, “we are at war,” six times.  Since then, businesses continue to assimilate and react to the radical changes that have occurred over the last weeks.  The government and various regulators, including the … Continued

RUSSIAN UPDATE: COVID-19: legal risks and recommendations for businesses

CONTRACTS / FORCE MAJEURE Is the COVID-19 pandemic (“Pandemic”) a force majeure event? A party may be excused for non-performance under a contract if the non-performance is a direct and immediate result of an event which constitutes an act of God or force majeure.  Decrees by the Moscow mayor and regulations issued by heads of … Continued

This article was authored by the COVID-19 Task Force at Egorov Puginsky Afanasiev & Partners (Moscow)

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U.S. UPDATE – Key ESG Considerations In the Crisis

*Originally distributed on April 13, 2020 The social and economic turmoil unleashed by the global spread of COVID-19 and the collapse in the price of crude oil has brought to the fore a number of critical incident and systemic risk management concerns, including traditional ESG concerns such as human capital issues, business model and supply … Continued

Editors’ Note: This article was co-authored by David M. Silk (Partner), David A. Katz (Partner), David B. Anders (Partner), David E. Kahan (Partner), Sabastian V. Niles (Partner), Lauren M. Kofke (Partner), Carmen X. W. Lu (Associate) and Ram Sachs (Associate), at Wachtell, Lipton, Rosen & Katz (New York).

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U.S. UPDATE: What to Say on Your Next Earnings Call in the Time of COVID-19 – SEC Chairman Jay Clayton and CorpFin Director Bill Hinman Lead the Way

*Originally distributed on April 8, 2020 Every publicly traded company is wrestling with the following question: how to handle the upcoming earnings call now that the unprecedented global, human and economic impacts of COVID-19 are apparent?  In an unusual and groundbreaking statement, the Chairman of the U.S. Securities and Exchange Commission and the Director of the SEC’s … Continued

Editors’ Note: This article was co-authored by Martin Lipton and Sabastian V. Niles, partners at Wachtell, Lipton, Rosen & Katz (New York).

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SPANISH UPDATE – COVID-19 and Investments: Spain Enacts Screenings for Sensitive Non-European Investments

*Originally distributed on April 3, 2020 On 19 March 2020 Spain re-introduced foreign investment screenings by executive order. In doing so, the Government confessed aim is to protect Spanish companies in their time of financial weakness as a result of the COVID-19 pandemic. However, the measures are not time-limited and are intended to survive the … Continued

This article was co-authored by Juan Miguel Goenechea, Juan Martín Perrotto and Pedro Ravina, partners at Uría Menéndez (Spain).

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