Linklaters Americas

On June 28, 2024, the United States Bureau of Ocean Energy Management (BOEM) issued a Final Sale Notice (FSN) announcing the offshore wind lease sale in the Central Atlantic. BOEM has set the auction date for August 14, 2024, and will be offering two leases totaling 277,948 acres off the coast of Delaware, Maryland and Virginia. The Central Atlantic auction is the first of four offshore wind lease auctions planned for 2024. Read more here: https://lnkd.in/eAyAaDyw and connect with members of our Energy & Infrastructure team for additional insight: Lauren Bachtel and Will Kim. #offshorewind #offshore #windenergy

The Linklaters SEC Transactions and Compliance (“STAC”) Group’s quarterly round-ups provide our updates and thoughts on the latest developments in SEC rulemaking and other matters of U.S. federal securities law. In our Q2 2024 round-up, we look at the lower courts’ application of the Supreme Court’s recent Rule 10b-5 decision, court decisions affecting SEC rulemakings and the FTC’s ban on non-competes in the United States. Read more here: https://lnkd.in/eANEWq7Z Reach out to key members of our STAC group to connect further: Mike Bienenfeld, Jeffrey Cohen, Cole Smith, Igor Rogovoy and Juthymas (Mas) Harntha. #SECTransactions #SECRegulation #Compliance

Congratulations to our U.S. Restructuring and Insolvency Partners Penelope Jensen and Christopher J. Hunker on being named to Lawdragon’s List of 500 Leading Global Bankruptcy & Restructuring Lawyers list for their work on corporate reorganizations, liquidations, complex chapter 11 proceedings, chapter 15 cases, and out-of-court restructurings. Read more: https://lnkd.in/edqtUTdN #Restructuring #Insolvency #Banking

In Ruby Wagner et al., v. BRP Group Inc. (Del. Ch., May 28, 2024) the Delaware Court of Chancery (the “Court”) held that certain pre-approval rights conferred to a founder of a Delaware corporation pursuant to certain stockholders’ and voting agreements were facially invalid, because they violated Sections 141(a), 142(a) and (e), and 242 of the DGCL. The Court found that the Section 141(a) defect was cured by the consent agreement entered into by the parties to the stockholders’ agreement, which provided that the pre-approval requirements can be overridden by a unanimous vote of an independent committee of the board, but the provisions which violated other sections of the DGCL remained invalid. Notably, the decision came out after Council of the Corporation Law Section of the Delaware State Bar Association recommended amendments to the Delaware General Corporation Law specifically to address the holding in Moelis (the amendments have been adopted and will become effective on August 1, 2024). Click here to read more: https://lnkd.in/ee45eaMC. Connect with our U.S. Corporate team for additional insight: George Casey, Heiko Schiwek, Pierre-Emmanuel Perais, Clara Pang, Gregory Gewirtz, Josh Feit, Yiting Du, Jihe Kim and Svetlana Eisner.

We’re excited to share that Linklaters has been ranked among the top law firms in the U.S. by Vault, achieving: 🏆 #1 Associate-Partner Relations 🏆 #4 Best Summer Associate Program 🏆 #4 Firm Culture 🏆 #7 Best Law Firm to Work For 🏆 Top 20 rankings in Satisfaction, Compensation, Pro Bono, Diversity, and more These rankings reflect our commitment to excellence and our dedication to fostering a supportive and inclusive working environment for all of our lawyers. Join our growing U.S. team: https://lnkd.in/eMUVczQA. #BestPlacestoWork #BestLawFirms #LegalCareers

Linklaters played a prominent role at a New York conference for directors of leading U.S. public company boards, the Financial Times Outstanding Directors Exchange held at the Harvard Club. Linklaters Global Chairman of Corporate George Casey led an interactive discussion on geopolitics and corporate governance, exploring what boards should focus on when facing geopolitical issues for business continuity and investor confidence to prevail. Our U.S. Head of Executive Compensation and Employee Benefits Andrew Gaines led a captivating roundtable discussion on the latest executive compensation trends and strategies boards should consider amid a changing regulatory and cultural landscape. We look forward to the next corporate governance discussion! #corporategovernance #executivecompensation #geopolitics #FTODX

The RNG and SAF Capital Markets Summit, presented by Infocast and held on June 19, 2024, featured a distinguished panel of heavy hitters in the world of SAF (“sustainable aviation fuel”), moderated by Linklaters tax partner Michael Rodgers, who focuses on structuring, planning and negotiating infrastructure and renewable energy transactions. The panel highlighted the current state and future of the SAF market with a sense of where the market currently is, where it needs to go and what needs to happen in order to get there. Read more here: https://lnkd.in/eepJRZe6

Linklaters Advises Volkswagen on $5 Billion Joint Venture and Investment Transaction with Rivian. We are advising Volkswagen Group in a landmark strategic partnership with and investment in Rivian. This significant transaction involves a proposed 50-50 Joint Venture in which the parties intend to create next-generation electrical architecture and best-in-class software technology for electric vehicles. The transaction is subject to the achievement of certain conditions and milestones, including the receipt of regulatory approvals. Volkswagen is represented in this complex, cross-border transaction by the market leading Linklaters U.S. M&A team led by Global Co-Chairman George Casey and Heiko Schiwek and the market leading Linklaters Germany M&A team led by Global Co-Chairman Ralph Wollburg and Achim Kirchfeld. Read the press release on our website: https://lnkd.in/eFeA2hqQ.

On June 21, 10 months after President Biden’s executive order on outbound foreign investment, the U.S. Department of the Treasury has issued draft implementing regulations. Our latest Linklaters foreign investment blog post authored by our Head of U.S. Foreign Investment Jonathan Gafni and associates Anna Gooding and Ray Tang Hou outlines how the proposed rules answer several key questions about the new regime, which will require notification for some transactions while prohibiting others, in some cases even when neither party is based in the United States. Read here: https://lnkd.in/enmM757E. #foreigninvestment #semiconductors #artificialintelligence #quantumcomputing #nationalsecurity

From key rules on hedge fund disclosures and trader oversight, to stock trading databases and regulations on corporate pollution and credit card fees, initiatives from SEC Chair Gary Gensler are facing growing legal challenges that leverage the U.S. Fifth Circuit Court. Linklaters Head of U.S. Financial Regulation Group and Funds Partner Brad Caswell noted in a recent Bloomberg article regarding the recent successful challenge to the SEC’s Private Fund Advisers Rule: “This is not the first. It will not be the last. This is bigger than just this rule.” Read the article: https://lnkd.in/ep2WVrb6. #Hedgefunds #FinancialRegulation #PrivateFundAdvisers #PrivateFunds #SECRegulation