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The Supreme Court’s recent decision has restored the orthodox approach to interpreting liquidated damages clauses and has brought some certainty following the Court of Appeal’s judgment in 2019. It has also emphasised the importance of protecting accrued rights.

The peril of FCPA punishments often is perceived as arising exclusively from government agencies like the DOJ and SEC, and other emerging enforcement agencies both domestic and international.

On July 15, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an Advanced Notice of Proposed Rulemaking (“ANOPR”), entitled “Building for the Future Through Electric Regional Transmission Planning and Cost.”

On July 20, 2021, the Department of Homeland Security’s Transportation Security Administration (“TSA”) announced the issuance of a second Security Directive regarding further enhancements to pipeline cybersecurity (the “July Directive”).

The checklist outlines antitrust considerations for the use of blockchain technology.  Practices involving blockchain technology that could give rise to antitrust risk include competitor collaborations, sharing competitively sensitive information with competitors on the blockchain, and anticompetitive mergers involving companies offering blockchain-based services.

On July 9, 2021, the Biden Administration issued an “Executive Order on Promoting Competition in the American Economy” (“EO”) that seeks to “promote the interests of American workers, businesses, and consumers.”

In June 2021, the United States (“U.S.”) became the chair of the Biofuture Platform Initiative, an initiative of the Clean Energy Ministerial (the “Biofuture Platform”) for a two-year term, taking over the chair position from Brazil, which led the formation of the Biofuture Platform in 2016.

Aligning the interests of General Partners (GPs) and Limited Partners (LPs) is an essential component of successful private equity funds. Efficient fund terms help GPs and LPs focus on achieving common goals and maximizing returns. But in recent years, it’s become harder to keep the interests of GPs and LPs in sync. As market forces…

Between 2018 and 2020, we saw sustainable and green loan volumes increase from US$70 billion (£50bn €58bn) to US$230 billion (£165bn €193bn) –   an increase of over 200%. As the prevalence of ESG-linked debt grows, the details of how sustainability is woven into the financing arrangements and covenants also needs to be clarified

The Small Business Administration (“SBA”) has officially discontinued use of the Loan Necessity Questionnaire previously required for forgiveness of Paycheck Protection Program (“PPP”) loans of $2 million or more.

As has been well-publicized, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “EO” or “Order”).

On July 13, 2021, the Securities and Exchange Commission (“SEC”) announced one of its first securities fraud enforcement actions against a Special Purpose Acquisition Company, or SPAC, called Stable Road Acquisition Corp.