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Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America | Skadden, Arps, Slate, Meagher & Flom LLP


COVID-19’s Impact on M&A Transactions and Material Adverse Effect Clauses
The COVID-19 pandemic has given rise to many M&A-related disputes. By some estimates, over 3,000 commercial cases were filed in U.S. federal courts alone as a result of the COVID-19 crisis. This figure does not account for numerous COVID-related disputes that were filed in U.S. state courts. Given that many transactions involving Latin American parties incorporate New York law or are based on provisions developed under New York law, these decisions may be of particular interest to companies doing business in Latin America.
In a number of the cases, the dispute turns on a provision common to M&A transactions, namely the material adverse event or effect (MAE) clause (sometimes referred to as the material adverse change (MAC) clause). An MAE/MAC clause, subject to its specific terms, may excuse a buyer from its obligation to close where the seller experiences a significant change in condition after si ....

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Why Amazon Is Fighting So Hard to Stop Warehouse Workers From Unionizing


Yves here. This post provides an in-depth account of how Amazon has been using every trick it can to defeat the union vote that just started for its Bessemer, Alabama warehouse workers. I assume readers know that Amazon warehouses are modern-day sweatshops, with workers intensively monitored for the speed of execution of their tasks. For instance, from the New York Post, hardly a left-leaning publication:
Maureen Donnelly took a job with Amazon when the retail goliath opened a fulfillment center on Staten Island in September 2018. The 46-year-old Staten Islander quit after just one month. Last week, more than 100 workers and their supporters gathered outside the same 855,000-square-foot packing plant to protest working conditions and spotlight newly released data showing the rate of worker injury there was three times higher than the national average for similar warehouse work…. ....

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