Earlier this week, the 4th Circuit Court of Appeals stayed construction of the Mountain Valley Pipeline. The Court did so with a two-sentence order stating that an opinion would follow. The order was issued hours after oral argument. Why the hurry?...By: Foley Hoag LLP - Environmental Law
Read More
On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division released a revised Merger Remedies Manual. This revised manual is the culmination of a review by the Antitrust Division of its entire approach to merger remedies that started two years ago. In 2018, the Antitrust Division withdrew its previous guidance on merger remedies from 2011 and reinstated its 2004 Policy Guide to Merger Remedies. The 2011 guidance had eliminated the Antitrust Division’s absolute preference f...
Read More
On July 8, 2020, Federal Trade Commissioner Rohit Chopra released a statement criticizing the practice of “roll-up transactions” involving multiple non-reportable transactions, especially with regards to acquisitions of multiple health care providers. Since Republicans currently hold three of the five FTC Commissioner seats, Chopra’s comments likely do not signal a significant shift in antitrust enforcement priorities under the Trump administration. However, Chopra’s views would have greater...
Read More
On July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As reported on previously... the Resource Guide was originally released in November 2012. The second edition consists of a compilation of information and analysis regarding the Foreign Corrupt Practices Act (“FCPA”), including the statutory requirements of the FCPA, and u...
Read More
On June 24, John Elias, a former Acting Chief of Staff to the United States Assistant Attorney General for the Antitrust Division, testified in front of the U.S. House of Representative’s Judiciary Committee that last year the Antitrust Division had investigated ten cannabis mergers and the California/automakers emissions agreements based on political pressure from Attorney General Bill Barr and not based on any concerns about harm to competition......By: Foley Hoag LLP - Cannabis and the Law
Read More
Earlier this month, the Criminal Division of the United States Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs guidance. In considering enforcement actions against companies, prosecutors use the guidance to assist...By: Foley Hoag LLP - White Collar Law &
Read More
The SEC recently amended its disclosure requirements for historical and pro forma financial statements arising from acquisitions and dispositions. While the revisions are fairly technical, overall they should reduce disclosure burdens and make it...By: Foley Hoag LLP
Read More
Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change (MAC) under acquisition...By: Foley Hoag LLP
Read More
In response to the COVID-19 pandemic, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have changed two of their review processes. Earlier this week, the FTC and DOJ issued a joint statement reducing the...By: Foley Hoag LLP
Read More
The Boston Globe has a well-reported story out this morning on the United Food and Commercial Workers’ unionization campaign at iAnthus-owned Mayflower Medicinals’ grow facility in Massachusetts. It’s no secret to operators in Massachusetts, New...By: Foley Hoag LLP - Cannabis and the Law
Read More