On June 30, 2020, the Department of Justice and a divided Federal Trade Commission finalized new Vertical Merger Guidelines applicable to acquisitions and mergers that combine firms or assets at different stages of the same or different supply chains. The finalized Guidelines are part of a broader effort to clarify the agencies’ procedures regarding merger reviews and chiefly address the relative lack of transparency that challenged many potential applicants under the now-repealed 1984...By: Mc...
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30 June - The Financial Conduct Authority (“FCA”) announced that the deadline for solo-regulated firms to have undertaken the first assessment of the fitness and propriety of their Certified Persons will be delayed from 9 December 2020 until 31 March 2021. The FCA published a statement setting out its expectations to help benchmark administrators and firms using Appointed Representative arrangements to apply the Approved Persons Regime during the Covid-19 pandemic....By: Proskauer Rose LLP
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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
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On June 30, 2020 the Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) jointly issued new guidelines on how antitrust enforcers evaluate “vertical” mergers—mergers between suppliers and purchasers in the same or related markets......By: Seyfarth Shaw LLP
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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, “Agencies”) released the final version of the Vertical Merger Guidelines (“Vertical Guidelines”) on June 30, 2020. The new Vertical Guidelines, which had not been updated in more than 35 years, outline how the Agencies will evaluate whether vertical mergers violate the federal antitrust laws....By: Shearman & Sterling LLP
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The sixth of a six-part series examining six specific and evolving rights plan provisions. As discussed in greater detail in some of our prior articles, a shareholder rights plan is a protective measure used by a public company to deter (though not necessarily prevent) a stockholder from exceeding a specified ownership percentage without prior approval from the company’s board......By: Morrison & Foerster LLP
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Businesses often utilize arbitration clauses in their contracts to avoid the alleged “uncertainty” of a trial, with the goal of achieving a faster and more cost-efficient resolution. A recent holding by the Texas 13th Court of Appeals reinforces the longstanding notion that Texas courts strongly favor arbitration, and highlights the importance of understanding the effect such a clause will ultimately have on who decides a dispute arising out of the contract. Although many vanilla arbitration.....
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Even in today’s uncertain times, lucrative opportunities exist outside national borders in the architectural, engineering and construction (AEC) fields. Several factors help facilitate these opportunities: 1. Expanding technological advancements permit rapid communication and transmission of large volumes of information....By: Faegre Drinker Biddle & Reath LLP
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Robinson+Cole’s Construction Group is pleased to bring you a recap of posts from our Construction Law Zone blog. As we continue to follow developments and trends in all areas of construction law and share our insights on issues important to the industry, including those related to the Coronavirus, we encourage you to check out the blog and subscribe to receive e-mails when new content is posted. We welcome your feedback and input on topics you’d like us to cover. Please see full Publication.....
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During the 2020 session, the Florida Legislature enacted a number of provisions intended to ease the financial burden on construction industry professionals who perform state and local public works projects. Effective July 1, 2020, the threshold for state and local procurement of “continuing contracts” under the Consultants Competitive Negotiation Act, or “CCNA” is increased from $2 million to $4 million for project-related “professional,” “construction management,” or “project manageme...
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