Introduction
Companies in the fashion, luxury and agricultural spaces should take action in response to the forced labour supply chain due diligence requirements which Customs recently announced in connection with withhold release orders (WROs) that prohibit the import of cotton and tomato products with any nexus to the Xinjiang province.
Following the region-wide WROs against cotton and tomato products produced in China s Xinjiang Uyghur Autonomous Region (XUAR), Customs and Border Protection (CBP) has provided XUAR-specific FAQs. The FAQs clarify CBP s approach to enforcement of the WROs and publish its requirements to satisfy the burden of proof to evidence that goods were not produced with forced labour. However, underlying challenges remain. The far-reaching implications of WRO coverage and fundamental supply chain visibility feasibility issues mean that importers of covered goods with any nexus to the Xinjiang region should take action to meet the burden of proof that CBP may
During economic downturns, valuations drop and dealmakers rightly expect a shift from a sellers' to a buyers' market. It is uncertain whether this will prove to be true for the COVID-19 recession. This article highlights how in-house M&A strategists can navigate present acquisition challenges and looks ahead to what the European M&A market may look like in the years to come.
Introduction
For the first time in history, a private party has successfully challenged an acquisition and obtained an order requiring a divestiture of a company that had been acquired years before the case was filed. In a highly anticipated decision, a court of appeals has affirmed that order.
Even though this case,
Steves & Sons, Inc v JELD-WEN, Inc, is a first-of-its-kind result, the decision is centred on principles of antitrust law and procedure that are unremarkable:
Private parties can sue for divestiture. This has been a well-known principle based on Supreme Court precedent since at least the early 1990s.
There is no specific statute of limitations to challenge an acquisition.
The domestic air transport market is mainly serviced by airlines whose fleets are comprised primarily of leased aircraft owned by foreign lessors. According to Peruvian law, local aircraft are those that are registered in the Peruvian public registry, while foreign aircraft are those that are not.
Foreign aircraft may operate in Peru while bearing foreign registration marks (eg, N, C or CC) or obtain provisional local registration marks, but this affects neither the legal definition of the aircraft as foreign nor the title to the assets.
It is in the best interests of domestic operators, as lessees, that aircraft leases are duly and promptly recorded in the local public registry. This is a requirement for transferring the operator condition and for having the local aviation authority inspect the aircraft.
The Civil Code of Procedure, which has been criticised for sacrificing fundamental rights to achieve accelerated civil proceedings, has finally been amended by the legislature. The new provisions make first-instance litigation more flexible and simpler for both parties. This article examines the most important changes as of 1 January 2021 and whether a fairer balance between form and content has been reached in civil litigation.