Looking Ahead: What to Expect in 2023
With political and economic uncertainty taking effect in a post-pandemic environment around the world, we are helping clients in Israel, UK, Australia, Ireland, Canada, Turkey and China navigate a path to success in transactions and courts throughout the United States. Facing employment compliance complexities in return-to-work rules, an interest rate environment that makes investing and issuances riskier, and in continuing corporate transactions despite the myriad changes, Carter Ledyard expects 2023 to reflect cautious optimism by international companies with operations, investments and interests in the US. There are plentiful opportunities for growth and our clients continue to look ahead and adapt favorably to supply-chain changes, digital transformation, blockchain transaction complexities, changes adopted by the SEC, state and federal regulatory authorities and private investors alike.
In China, established and booming China Cross-Border Practice continued to counsel U.S. and Chinese clients on a wide variety of inbound and outbound legal matters, including mergers and acquisitions, securities laws and offerings, corporate finance, litigation, intellectual property, corporate governance and compliance, and trusts & estates.
Client Highlights
China
- We represented several Chinese investors in their respective investment transactions with NASDAQ listed companies, including several Chinese investors in their respective investments in U.S. private companies engaged in crypto-currency business; and US public companies with principal operations in China in their ongoing public disclosure and compliance matters; and in the purchase of real estate properties in the US. In connection with the growing trend of Chinese citizens seeking global asset allocations and succession plans, our Trusts and Estates Department continued to provide tax and estate planning advice and to create trusts for high and ultrahigh net worth Chinese individuals.
- Carter Ledyard Secures Litigation Victory in Delaware Chancery Court Battle Over Board Seats
Capping a two-day trial, Carter Ledyard & Milburn LLP lawyers secured a complete victory for client Dengrong Zhou as Plaintiff in Delaware Chancery Court Section 225 Action, Dengrong Zhou v. Long Deng, No. 2021-0026-JRS, 2022 Del. Ch. LEXIS 79 (Ch. Apr. 6, 2022). The case was a highly pitched battle of corporate board seats in Delaware, with many of the witnesses and documents being in Chinese. - Litigation Victory on Summary Judgment for Museum of Dream Space LLC and Dahooo American in Copyright Dispute
After a three-year legal battle involving highly technical discovery, on July 12, 2022, Carter Ledyard & Milburn LLP lawyers secured a complete victory on summary judgment for clients Museum of Dream Space LLC and Dahooo American as defendants in a groundbreaking copyright action in the United States District Court in Los Angeles, California. - A NASDAQ-traded leading China-based pharmaceutical group in a series of acquisition, financing and divestment transactions.
- A NASDAQ listed company with operations in China in its negotiations with award-wining Hollywood producers regarding acquisition, licensing and development of famous brands.
- A China-headquartered and Hong Kong Stock Exchange listed hotpot restaurant chain in U.S. real estate matters.
- A China headquartered music restaurant & bar chain with more than 500 worldwide locations in its dispute resolution matters in the U.S.
- China-based client in sale of its U.S. broker-dealer business.
- A major US bank in an art lending transaction involving Chinese investors.
- Chinese high net worth individual client in successfully settling a dispute involving real estate in the U.S.
- An immersive technology client in securing a complete victory on summary judgment for the client as defendant in a groundbreaking copyright action in the United States District Court.
- We continued to represent a high-net-worth individual investor in breach of contract claims involving a NASDAQ-traded company’s significant shares in the Supreme Court of New York.
- A Chinese high net worth individual investor in breach of contract claims involving investments in real estate projects in the Superior Court of New Jersey.
- Several shareholders, current and former officers of a public company in defending a derivative lawsuit in the Supreme Court of New York.
- We represented all current and certain former directors of a public company in defending a breach of fiduciary duty claim in the Supreme Court of New York.
- We advised the board of a public company in a receivership proceeding in the United States District Court.
- We continued to represent individual clients in SEC investigations and enforcement actions.
Israel
- The Capri Family Foundation Completes its Acquisition of Optibase Ltd
The Capri Family Foundation, a Carter Ledyard client, successfully completed its going-private tender offer to acquire Optibase Ltd. (formerly Nasdaq: OBAS) for $12.64 per share in cash. - Senstar Ltd. in its defense and settlement of patent litigation action in a New York court.
- Provided opinion in client’s dispute with the government regarding seizure of assets.
- Advising a party in the bankruptcy proceedings of crypto company, Celsius.
Australia
- Thorney Investment Group, an Australian investment company in connection with its holdings in a Canadian company’s contemplated listing on NASDAQ.
Canada
- Carter Ledyard Client Greenfire Resources Inc. Completes Fourth and Fifth Supplemental Indentures
Carter Ledyard represented longtime client Greenfire Resources Inc. in a definitive agreement for a business combination with M3-Brigade Acquisition III Corp. (NYSE: MBSC), a New York Stock Exchange listed special purpose acquisition.
UK
- U.K. investor in the purchase of a U.S. Company in the technology services industry.
- Cognito Europe Limited and its U.S. affiliate, separation agreements with U.S. executives.