Briefings

Stephenson Harwood’s M&A Litigation Team’s Success Provides a Guide for Limiting the Scope of Claims in a Post-Closing Earnout Dispute

In a recent case, Stephenson Harwood’s M&A Litigation team successfully dismissed claims brought by a seller concerning allegations that the buyer caused over $11 million in damages related to breaches of certain post-closing covenants with respect to an earnout provision.[1] The New York Supreme Court’s decision reminds buyers and sellers that New York courts will not […]

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US Department of Justice Wants Data-Savvy Compliance Departments and Additional Protection for Whistleblowers

In September 2024, the US Department of Justice (“DOJ”) announced changes in how it evaluates corporate compliance programs. [1] Of particular note, the DOJ expects compliance departments to use data analytics to strengthen their compliance programs, and to ensure that whistleblowing and self-reporting of employee misconduct are encouraged. These changes, and the others set forth

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My Word Is My Bond: Russian Energy Company Must Arbitrate Against German Bank in Paris

  On 18 September 2024, the U.K. Supreme Court handed down judgment in UniCredit Bank GmbH (Respondent) v. RusChemAlliance LLC (Appellant) [2024] UKSC 30, explaining its decision on 23 April 2024 that RusChemAlliance (RCA) must discontinue Russian litigation it had commenced seeking recovery under on-demand bonds issued by UniCredit Bank GmbH (UniCredit). In January 2024, RCA sought permission to

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