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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
United States | Publication | October 2022
Norton Rose Fulbright partner Andrew Rosenblatt and senior counsel Jason Blanchard examine the “far-reaching” implications of a recent Delaware bankruptcy court decision that they say provides foreign counterparties in cross-border Chapter 11 cases with a potential tool to contest the assumption of their contracts.
Under Chapter 11 of the US Bankruptcy Code, a debtor may generally assume an executory contract if it cures any monetary defaults and provides adequate assurance of future performance. But in a case of first impression in the restructuring of Chilean hydroelectric plant operator Alto Maipo, the US Bankruptcy Court for the District of Delaware imposed an additional requirement for contract assumption, finding that it must have personal jurisdiction over the contract counterparty.
Read the full Global Restructuring Review article, "Delaware ruling poses jurisdictional challenges for chapter 11 debtors."
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Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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Artificial intelligence (AI) raises many intellectual property (IP) issues.
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On 21 November 2023 and following extensive consultation periods, the amendment to the Climate Delegated Act (Delegated Regulation (EU) 2021/2139 of 4 June 2021) (the Climate Delegated Act) was formally adopted by the European Commission and published in the EU Official Journal (Delegated Regulation (EU) 2023/2485 of 27 June 2023) (the Climate Delegated Act Amendment).
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