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FTC and DOJ ‘Temporarily’ Suspend Early Termination Grants; No Clear End to Suspension Identified

The DOJ and FTC have suspended early termination (i.e., early clearance) for filings made under the Hart-Scott-Rodino Act. The Antitrust Division of the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced on February 4 that the two agencies will temporarily suspend the early termination (ET) process for filings made pursuant to…...By: Morgan Lewis
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Morgan Lewis | Feb 06,2021 |

Sustainable Development and Land Use Update - February 2021

Biden executive order lays foundation for restoring fair housing rule - The Real Deal – January 27 - President Joe Biden has taken the first step toward reinstating a fair housing rule that was repealed last year. The rule required local governments that receive federal funds to identify discriminatory housing policies and map out plans to combat them....By: Allen Matkins
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Allen Matkins | Feb 06,2021 |

Seller Beware: “Ordinary Course” and “Material Adverse Effect/Change” in the Age of COVID-19

In late November of last year, the Court of Chancery in Delaware handed down a decision in a case called AB Stable VIII LLC v. MAPS Hotels and Resorts One, LLC ......By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Feb 06,2021 |

Delaware Supreme Court Adopts Primedia Test for Post-Merger Shareholder Actions

In Morris v. Spectra Energy Partners (DE) GP, LP,1 the Delaware Supreme Court clarified the test for determining when former equityholders have standing to pursue post-merger direct claims for a controller’s alleged failure to secure the value of a material derivative claim during the merger negotiations. Under Delaware law, and following the acquisition of an…...By: Dechert LLP
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Dechert LLP | Feb 06,2021 |

Uzbekistan enhances public-private partnership legislation

Uzbekistan is continuing to reform public-private partnership (“PPP”) legislation to create an internationally acceptable and bankable PPP framework in the country....By: Dentons
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Dentons | Feb 05,2021 |

FTC Announces Decreased HSR Thresholds for 2021

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) requires that parties to mergers, acquisitions, or other transactions of a certain size notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) prior to consummation. Each year, the FTC amends the thresholds that trigger this premerger notification requirement to reflect changes in the gross national product......By: Bradley Arant Boult Cummings LLP
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FTC and DOJ Temporarily Suspend Early Terminations of the HSR Waiting Period

Key Takeaways The Federal Trade Commission (FTC), with the support of the Antitrust Division of the U.S. Department of Justice (DOJ), has announced that it is temporarily suspending the grant of Early Termination of the 30-day waiting period for all notified transactions under the HSR Act effective immediately. This announcement follows a recent pause in…...By: Dechert LLP
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Dechert LLP | Feb 05,2021 |

FTC Reduces Notice Thresholds Under the Hart-Scott-Rodino Act for 2021, Increases Penalties, and Temporarily Suspends Expedited Review

On February 1, 2021, the Federal Trade Commission (FTC) announced its revised annual threshold that determines whether companies may be required to notify federal antitrust authorities about a proposed merger or acquisition due to the size and value of the transaction. For the first time since 2010 and a reflection of the state of the economy, the annual threshold has been reduced rather than raised, from $94 million in 2020 to $92 million for 2021......By: Schwabe, Williamson & Wyatt PC
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Waiver of Jury Trials

Market Trends: What You Need to Know - As reflected in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies, over the past twelve or so years, inclusion of jury trial waivers in mergers and acquisitions (M&A) agreements has increased from 50% of reported transactions in the 2007 study to 93% in the 2019 study. Originally Published in Bloomberg Law - February 2021....By: Goulston & Storrs PC
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Goulston & Storrs PC | Feb 05,2021 |

U.S. Antitrust Agencies Suspend Early Termination of Merger Review Waiting Periods

Today, the U.S. antitrust agencies announced a temporary suspension of the long-time practice of granting “early termination” of required premerger waiting periods under the Hart-Scott-Rodino Antitrust Improvements Act (the “HSR Act”). Historically, the agencies have granted early termination of the premerger waiting periods for transactions with no significant antitrust concerns....By: Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner | Feb 05,2021 |
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