Legal News

On 2 February 2021 the Federal Trade Commission (FTC) published the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), in the Federal Register....By: Hogan Lovells

During the M&A cycle, we observe that the likelihood of value creation for the acquirer and emerging NewCo is proportional to the level of involvement of the target company in deal strategy and integration planning. In this paper, we explore the major obstacles to value creation in an acquisition and how the increased involvement of the target company might mitigate those risks. Please see full Publication below for more information....By: FTI Consulting

On February 1, 2021, the Federal Trade Commission (FTC) announced—for the first time since 2010—a decrease in the thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, and its rules and regulations (HSR Act) before consummating a transaction. Under the HSR Act, companies of a certain size involved in a transaction exceeding reportability thresholds are required to file a pre-merger...By: Da...

Beginning on 4 March 2021, transactions valued at more than $92 million may require filing with the antitrust agencies of a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). This is about a 2.1 percent decrease from the current filing threshold of $94 million....By: K&L Gates LLP

On February 2, 2021, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification with the FTC and the United States Department of Justice prior to consummating a merger or acquisition that meets the HSR Act’s jurisdictional tests....By: Kelley Drye & Warren LLP

Poyner Spruill recently prevailed before the North Carolina Court of Appeals.  On December 31st, 2020, in Wright Construction Services, Inc. v. Hard Art Studio, PLLC, the court reversed the Wake County Superior Court and ruled that architects and engineers may not defend themselves from tort liability on the basis of a contractor’s failure to obtain licensure prior to entering into a construction contract....By: Poyner Spruill LLP

On January 27 and 28, 2021, over 300 participants joined Morrison & Foerster’s webinars on “SPAC 101- Is 2021 the Year of SPACs in Asia?” where Partners Mitchell S. Presser, Justin R. Salon, and Ruomu Li led an in-depth discussion on the growing significance of SPACs and their relevance to the Asian market. Upon popular demand, we would like to provide brief answers to the below questions often asked by our clients regarding SPAC......By: Morrison & Foerster LLP

The Federal Trade Commission (FTC) announced the decrease in monetary thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), that will apply to transactions closing on or after March 4, 2021. The minimum transaction value (also known as the size-of-transaction threshold) is decreasing to $92 million, and the size-of-person thresholds are decreasing to $18.4 million and $184 million......By: Husch Blackwell LLP

Yesterday, the Federal Trade Commission (FTC) announced the annual changes to the thresholds for Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act) and 8 (interlocking directors) of the Clayton Act. For only the second time in history, the thresholds will be lower than they were the preceding year. The new thresholds apply to any transaction that closes on or after March 4, 2021....By: Troutman Pepper

UK Follows Global Trend To Enhance National Security Protections - The U.K. is the latest G-8 nation to propose enhanced protections against certain types of foreign direct investment. A proposed law before Parliament comes amid the U.K.'s separation from the EU. The breadth of businesses intended to be covered, without a number of the typical safe harbors, makes the new U.K. scheme broader in scope than any other foreign direct investment regulatory system of a major economy, including the......