The relationship between in-house and outside counsel is like any pseudo-marriage, with issues of finances, trust, confidentiality, and support. Under Danny Sokol’s sponsorship, this issue asks inside players for their perspectives on the challenges of the two roles and how best GCs and outside lawyers should work together—both generally and within the context of often tense M & A transactions. And continuing with our policy of serving news while it’s hot—we’re highlighting some recent key changes in Norwegian competition law and Canada’s approach to foreign investments.
-
The General and Outside Counsel Relationship
Perspectives on the In-House Practice of Antitrust Law
Antitrust has always been somewhat of a gray area, and its obscurity has, if anything, been increasing. Roy Hoffinger (Qualcomm, Inc.)
Pulling Back the Lens The Long View of Antitrust Deal Work
Two major shifts, occurring at roughly the same time, have affected deal work profoundly for both inside and outside counsel. Francis Fryscak (Cooley LLP)
Allocating Antitrust Risk in M&A Agreements
Contract negotiations are an exercise in tradeoffs and compromise, and before a party can sensibly begin negotiating the allocation of antitrust risk in an acquisition agreement it must have some idea of what this risk is. Wayne D. Collins & Lisl J. Dunlop (Shearman & Sterling LLP.)
Achieving the Most Effective Outside Counsel and Client Relationship for Both Transactional Issues and Merger Reviews
Certain default rules can be useful, but rigid playbooks are often not. Michael S. McFalls (Ropes & Gray LLP)
Getting The Tough Deal Done: The Roles of The General Counsel and Outside Antitrust Counsel
A closely aligned outside counsel can be a valuable asset for a GC during what can be an arduous process. Craig Waldman & Aimee DeFilippo (Jones Day)
Information Exchange in the Framework of a Merger
Prior to the authorization, the parties to the merger remain competitors, and exchanging information between them is a walk on very thin ice. Edurne Navarro Varona (Ura Mendez)
-
The Latest from Norway and Canada
The Norwegian Government Proposes Amendments to the Competition Act: Welcome Changes Regarding the Control of Concentrations
The amendments related to the control of concentrations are generally welcome improvements of the Norwegian regime for control of concentrations. Beret Sundet, Harald K. Selte, & Eirik Østerud (Advokatfirmaet BA-HR DA)
Foreign Investment Review in Canada: Assessing Risk in the Wake of Nexen
The decision in BHP-Potash demonstrated the government’s intent to carefully scrutinize acquisitions of control of Canadian businesses, particularly so-called Canadian champions of global industry. Julie Soloway & Charles Layton (Blake, Cassels & Graydon)
