Legal News

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...

In the coming months, be on the lookout for an increase in mergers and acquisitions financed by sellers. As recently as February, the small and midsize business segment was experiencing increasing purchase price multiples fueled by low interest rates and the available credit made possible by banks’ confidence in a robust economy....By: Parker Poe Adams & Bernstein LLP

Participants in M&A transactions may lose eligibility, possibly retroactively, for the “employee retention credit” under Section 2301 of the CARES Act (Coronavirus Aid, Relief, and Economic Security Act) if a party to the transaction has previously taken out a Paycheck Protection Program (“PPP”) loan....By: Foley & Lardner LLP

There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our European expert, Oliver Heinisch, to hear the latest developments. Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s London and Brussels offices. Oliver advises on all areas of EU, UK and German competition law with a focus on...By: She...

For anyone tracking the future of energy, 2020 is expected to bring a major milestone: Renewables are poised to generate more electricity in the U.S. than coal for the first time over the course of a full year according to the U.S. Energy Information Association (EIA). Renewable energy, the country’s fastest growing source of electricity generation, will account for 20% of U.S. electrical power, surpassing coal’s 18% share, EIA predicts......By: Vinson & Elkins LLP

Financial Institutions M&A sector trends: Stock exchanges/clearing houses/trading venues — H1 2020 and outlook for H2 2020. Clash of the pan-European titans—-M&A plans signalled by LSE, Euronext and Deutsche Börse......By: White & Case LLP

This month, the Ohio General Assembly fast-tracked a school construction finance measure as a mini-capital appropriations bill. Amended Senate Bill (Am. SB) 4 was signed into law by Governor DeWine on July 24, 2020, after the measure was prioritized by leaders in the Ohio House and the Senate. A provision included in Am....By: Bricker & Eckler LLP

On June 29, 2020, the Michigan Supreme Court ruled that a subcontractor’s commercial general liability (CGL) insurance policy may provide a contractor listed as an additional insured on the CGL policy with insurance coverage for correcting the subcontractor’s faulty work. See Skanska USA Bldg. Inc. v. M.A.P. Mech. Contractors, Inc., No. 159510, 2020 WL 3527909 (Mich. June 29, 2020)....By: Saul Ewing Arnstein & Lehr LLP

The Massachusetts Appeals Court recently decided that a settlement agreement resolving a zoning case brought by the Town of Bourne did not prevent neighbors from obtaining zoning enforcement inconsistent with that settlement. The case, Stevens v. Zoning Board of Appeals of Bourne, involved the use of a property in a residential zoning district as a wedding venue (commercial uses were not allowed). There were two sequential cases involving challenges to the use....By: Pierce Atwood LLP

On June 30, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released their first jointly issued Vertical Merger Guidelines. These Guidelines replace DOJ’s Non-Horizontal Merger Guidelines from 1984. Those 1984 guidelines were outdated, did not reflect current agency practices and were withdrawn by DOJ in January 2020......By: Foley & Lardner LLP