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Let's talk antitrust
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
New York courts are frequently called upon to resolve disputes over whether a limited liability corporation ("LLC") should be dissolved. The dissolution of New York LLCs is governed by Article 7 of the New York Limited Liability Company Law ("LLCL"). Section 702 thereof provides that, as one ground, judicial dissolution may be decreed "whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or operating agreement." Two primary questions drive the determination of whether dissolution is proper under the provision. First, does the petitioner seeking judicial dissolution have standing to request that relief? And, second, is it "reasonably practicable" for the LLC to continue fulfilling its organizational purpose?
Video
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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