Monthly Archives: December 2012

CFIUS in the News – December 2012

We at BME had no inside information on these announcements, but there have been several interesting developments over the last few weeks that make our blog post on CFIUS timely. The Exon-Florio Amendment to the Defense Production Act of 1950 … Continue reading

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Delaware Supreme Court Declines to Impose Default Fiduciary Duties on LLC Managers

Does the Delaware Limited Liability Act impose “default” fiduciary duties on LLC managers? Gently shakes magic 8-ball.  “Ask again later.” In a recent case, the Delaware Supreme Court declined to recognize “default” fiduciary duties as applying to LLC managers under … Continue reading

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Confidentiality Agreements Between Competitors and Proof that Purpose Provisions Actually Work – Martin Marietta Materials, Inc. v. Vulcan Materials Co.

It happens all the time:  two competitors want to merge, form a joint venture, or engage in some other transaction they both believe will yield fantastic results and allow at least some of the principals to sip umbrella drinks sea-side … Continue reading

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CFIUS & Executive Branch Review of Foreign Investment in the U.S.

Although not as widely known or understood as other regulatory schemes providing for U.S. government review of mergers and acquisitions, the executive branch has sweeping powers to review, stop, or even reverse foreign investment in the U.S. when national security … Continue reading

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Web Operators and Developers Face Increased Scrutiny and Stiff Penalties Over Privacy Issues

“Ignorance of the law excuses no man: not that all men know the law, but because ‘tis an excuse every man will plead, and no man can tell how to refute him.” – John Selden If your company is operating … Continue reading

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