Corporate - United States

Channel correspondent


Deal analysis

  • Arden fund creates new alternative investment model

    12 February 2013

    The Arden Alternative Strategies Fund represents a new investment model that is potentially more responsive to events and changing markets than other mutual funds

  • PE securitisation eliminates pier loan threat

    22 November 2012

    Last month's acquisition of a Bank of America business was funded by securitising the target’s receivables, and without a bridge loan. It could signal the beginning of new acquisition finance options

  • How Cnooc’s bid was structured for foreign investment approval

    20 September 2012

    Nexen investors hope Cnooc does not suffer the fate as BHP Billiton, whose bid for Potash was blocked under the Investment Canada Act in November 2010. Cnooc’s arrangement agreement is thought to give it a good shot at approval

  • LATAM Airlines exchange offer explained

    28 June 2012

    The cross-border nature of the $3.3 billion exchange offer that combined TAM Airlines and LAN Airlines complicated the transaction, and an agglomeration of regulatory approvals slowed things down.

News analysis

  • Lessons from SEC’s FCPA non-prosecution first

    09 May 2013

    The US Securities and Exchange Commission has announced its first non-prosecution agreement regarding alleged violations of the Foreign Corrupt Practices Act. But exactly when the regulator will use an NPA to resolve a case remains unclear

  • Protecting ChinaCo take-privates from US litigation

    27 February 2013

    Asian counsel frequently describe securities and class-action litigation as a deterrent to doing business in the US. Here’s how ChinaCos’ special committees can protect themselves from US disputes

  • DoJ strategy could threaten American/US Airways merger

    14 February 2013

    In-house counsel and private practitioners working on the American Airlines/US Airways merger should take note of changes in how the US DoJ files and pursues cases

  • Subscription credit facilities to surge this year

    18 January 2013

    Subscription credit facilities will be one of the most prominent features of the private equity and investment funds landscape in 2013, according to US and Cayman Islands lawyers

  • Lord Goldsmith: UK needs more flexible DPA model

    19 December 2012

    The former UK attorney general has called for a more flexible form of deferred prosecution agreement than that proposed by the government

  • How the PCAOB changed US auditing

    30 November 2012

    The Public Company Accounting Oversight Board (PCAOB) founding board member, Daniel Goelzer, reveals the need for independent oversight of public company accountants didn't make it any easier to implement

  • What KKR did next

    30 November 2012

    KKR member and global public affairs head, Ken Mehlman, KKR's European corporate affairs director, Ludo Bammens, and KKR head of sustainability, Elizabeth Seeger, discuss their firm’s image overhaul and the ingredients for success in changing market

  • Why uncertainty remains after FCPA guidance

    27 November 2012

    Lawyers have welcomed guidance on the US Foreign Corrupt Practices Act from the Department of Justice and SEC. But uncertainty over which parties qualify as a public officials remains

  • Why SOE’s shouldn’t be shunned - opinion

    20 November 2012

    Overseas’ investment initiatives by SOEs – especially those based in China – are coming under critical scrutiny by host governments in North America and Europe. Here's why it's unwarranted

  • Why impact investing is the next corporate innovator

    18 October 2012

    Oxfam’s £1 billion loan to Mongolia’s Xac Leasing blurs the line between private equity funds and not-for-profit organisations, and highlights the growing trend of impact investmentsprivate equity funds

  • SFO bribery guidance fuels self-reporting dilemma

    17 October 2012

    Companies that report bribery within their ranks are not necessarily immune from criminal charges, according to new guidance from the UK Serious Fraud Office. The announcement heightens the risk attached to self-reporting and has divided market opinion

  • The best contractual mechanisms for European M&A today

    17 October 2012

    Social turmoil and regulatory forces have slowed growth in European M&A. In this environment, corporate lawyers recommend two contractual mechanisms to remove uncertainty in M&A transactions

  • Cfius review needs greater transparency - opinion

    11 October 2012

    Cfius review is a more frequent hurdle to foreign investment. Here, US counsel explain how the Agency could reduce uncertainty around its decisions

  • How to correct for conflicts of interest

    02 October 2012

    Recent US court decisions have clarified the parameters of a board’s fiduciary role towards its shareholders, and provided guidance on how to properly correct for conflicts of interest without jeopardising the integrity of a deal

  • How market rumours shape global M&A

    01 October 2012

    With public M&A bidding rules varying from country to country, there is an uneven playing field developing for shareholders and boards from around the world

  • How to obtain ChinaCo/US merger approval

    20 September 2012

    Chinese companies have proposed several high-profile acquisitions of US companies this year. But the US foreign investment and antitrust regimes are challenging for those unfamiliar with US law

  • KKR’s guide to responsible investment

    20 September 2012

    KKR’s Director of European Corporate Affairs and head of sustainability spoke with IFLR on the firm’s image overhaul, Green Portfolio Programme and the ingredients for success in changing market

  • US conditions peak for tax-free M&A

    06 September 2012

    The US M&A market is primed for use of a bespoke, tax-free sales structure known as a reverse morris trust

  • Canadian boards want proxy recommendation rebuttals

    23 August 2012

    Canadian directors will have the chance to respond to negative vote recommendations by proxy advisory firms if the Canadian Securities Administrators defer to their requests

  • Foreign companies now more exposed to US antitrust law

    26 July 2012

    Foreign companies are more exposed to US antitrust law following a recent appellate court decision that overturned precedent. More extraterritorial class action civil suits and higher fines are expected

Corporate United States Archive

Channel correspondents