This article highlights certain U.S. federal and state laws and other issues that non-U.S. individuals or companies should consider when seeking to acquire a non-public U.S. company, or a subsidiary or assets of a public or non-public U.S. company. STRUCTURE OF TRANSACTION An initial decision the parties to the transaction will have to make is…

LIBOR Phaseout Implications for Credit Agreements Few things have generated comparable levels of mental anguish and attention among investors and finance professionals as the looming phase-out of LIBOR as a benchmark interest rate, which takes place by the end of 2021. This phase-out is expected to have far-reaching consequences on corporate loans, derivatives, bonds and…

Many privately held companies do not presently need or desire an independent board of directors. Frequently, these companies are managed and owned by a small group of individuals – or even a single individual – who are wary of ceding authority. However, the CEO of a private company may find that he or she could…

Henry C. Blackiston If you are a member of the Compensation Committee of a public company, you have your work cut out for you. The passage of Sarbanes-Oxley some years ago, the passage of section 409A of the Internal Revenue Code and adoption of over 300 pages of related regulations, the SEC proposals on Proxy…

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