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Archive by tag: Dorsey & Whitney LLPReturn

CFIUS Expands Foreign Investments Subject to Scrutiny with Significant Carve-out for Canadian, Australian and U.K. Investors

On January 17, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) published two new rules that will greatly expand the scope of minority investments by foreign persons in U.S. businesses that are subject to CFIUS review. The...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Feb 08,2020 |

Increase in HSR Reportability Thresholds and Other HSR Developments

On January 28, 2020, the Federal Trade Commission (FTC) announced the annual adjustment of the thresholds that trigger premerger reporting obligations (and the mandatory waiting period) under the Hart-Scott Rodino (HSR) Act, which will apply to...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Jan 31,2020 |

Don’t Get Bitten by Your COBRA Notices

In a growing wave of class action lawsuits, plaintiffs are targeting employers who have allegedly failed to provide proper notice of health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). The wave prompted at...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Jan 21,2020 |

Channel Reinforces that Akorn is the Ceiling not the Floor for MAE Terminations

2018’s landmark decision Akorn, Inc. v. Fresenius Kabi AG marked the first time that the Chancery Court upheld a buyer’s use of a Material Adverse Effect (MAE) clause to terminate a merger agreement. However, the Court’s reasoning in the case...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Jan 14,2020 |

The Supreme Court - January 13, 2020

On Friday afternoon, the Supreme Court of the United States granted certiorari in three cases: Barr v. Political Consultants, et al., No. 19-631: Whether the government-debt exception to the Telephone Consumer Protection Act’s automated-call...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Jan 13,2020 |

Court Temporarily Halts California’s New Ban on Mandatory Employment Arbitration Agreements

On October 10, 2019, California Governor Newsom signed a bill seeking to ban employers from requiring employees or applicants to sign arbitration agreements waiving their rights under the Labor Code or the state’s anti-discrimination statutes as a...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Jan 02,2020 |

The Supreme Court - December 18, 2019

Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s Religion Clauses prevent civil...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Dec 19,2019 |

Seattle Employers: Prepare for Employee Commuter Benefits

Effective January 1, 2020, Seattle employers with twenty or more employees worldwide must offer their employees the opportunity to make pre-tax payroll deductions for transit or vanpool expenses. The goal of the new Seattle ordinance (SMC 14.30) is...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Dec 18,2019 |

China Forex Liberalization Unlocks Massive M&A Opportunities for Foreign Invested Enterprises

On October 23rd, 2019, the State Administration of Foreign Exchange (“SAFE”) issued a Circular on Further Promoting the Facilitation of Cross-border Trade and Investment (Hui Fa [2019] No.28) ("Circular 28"). The Circular 28 sets out 12 reform...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Dec 14,2019 |

Don’t Keep Your Employees in Suspense

UK employers should proceed with caution when suspending employees, and always consider carefully whether taking such action is appropriate in the circumstances, as highlighted by the recent case in the Employment Appeal Tribunal (EAT) of...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Nov 02,2019 |
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