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Archive by tag: Smith AndersonReturn

Decrease in HSR Reporting Thresholds Announced for 2021

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice and to observe a waiting period before closing. On February 1, 2021, the Federal Trade Commission announced decreases in the reporting thresholds under HSR....By: Smith Anderson
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Smith Anderson | Feb 04,2021 |

Construction Claims – No Contract, No Claims?

The North Carolina Supreme Court recently issued a decision in Crescent University City Venture, LLC v. Trussway Manufacturing, Inc. The case decided the question of whether a commercial developer-owner can bring a negligence claim directly against a supplier of defective building material where no direct contract existed between the owner and supplier....By: Smith Anderson
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Smith Anderson | Jan 11,2021 |

SEC Adopts Significant Amendments to Improve Financial Disclosures Regarding Business Acquisitions and Dispositions

In an attempt to improve the financial information presented to investors in connection with many M&A transactions, the United States Securities and Exchange Commission (the “SEC”) recently adopted highly anticipated amendments to Regulation S-X (“Reg. S-X”) under the Securities Act of 1933, as amended.   In summary, these amendments......By: Smith Anderson
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Smith Anderson | Jun 26,2020 |

The Pause Is Over...OSHA Issues New Guidance for Construction and Steps Up Enforcement

The Occupational Safety and Health Agency (OSHA) recently released guidance concerning construction jobsite safety requirements to mitigate risk arising from the coronavirus (COVID-19). These actions include certain guidance directed specifically at...By: Smith Anderson
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Smith Anderson | Jun 06,2020 |

Deal Price is King in Appraisal Rights Actions in North Carolina Where Merger Process Bears “Objective Indicia of Fairness”

In the first trial of its kind in North Carolina, the North Carolina Business Court has determined the fair value of dissenters’ shares in a large, publicly-traded company under the North Carolina Appraisal Rights statute, N.C. Gen. Stat. § 55-13, et...By: Smith Anderson
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Smith Anderson | May 20,2020 |

Construction Companies Rethinking Safe Work Environments During COVID-19

Over the course of the coronavirus pandemic, the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) have offered broad guidance on coronavirus (COVID-19) and worker safety, as outlined in our previous...By: Smith Anderson
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Smith Anderson | Apr 23,2020 |

Impact of COVID-19 on Real Estate, Construction and Supply Contracts

As coronavirus (COVID-19) continues to disrupt lives and businesses, it is important to consider how it may affect your real estate, construction, and supply businesses. Every situation and contract will be different, so it is important to consider...By: Smith Anderson
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Smith Anderson | Mar 18,2020 |

Beware of the Risks! No Ownership, No Lien

A recent North Carolina Court of Appeals decision reiterates the importance of knowing who you are dealing with when undertaking work or selling materials in connection with any construction or development project in our state. In Davis & Taft, the...By: Smith Anderson
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Smith Anderson | Feb 11,2020 |

New HSR Reporting Thresholds Announced for 2020

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the U.S. Department of...By: Smith Anderson
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Smith Anderson | Feb 04,2020 |

U.S. Department of Labor Announces Final Joint Employer Rule

The U.S Department of Labor (DOL) has announced a final rule that will revise its regulations regarding joint employer status under the Fair Labor Standards Act (FLSA). According to the DOL, the new rule will “add certainty regarding what business...By: Smith Anderson
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Smith Anderson | Jan 24,2020 |
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