Colin Kass

Colin Kass

Proskauer Rose LLP

Contact  |  View Bio  |  RSS

Latest Publications


Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

2/15/2017 - Acquisition Agreements Antitrust Division Antitrust Provisions Beneficial Owner Competition DOJ Duke Energy Enforcement Actions FERC Gun-Jumping Hart-Scott-Rodino Act Premerger Notifications Tolling Agreement Waiting Periods

FTC Announces 2017 Thresholds Under HSR Act and Clayton Act

Primary HSR filing threshold will be raised to $80.8 million - The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation. As...more

1/24/2017 - Acquisitions Antitrust Provisions DOJ FTC Hart-Scott-Rodino Act Mergers Premerger Notifications The Clayton Act Threshold Requirements Voting Securities

FTC Reverses Prior Position – Buyers Must Now Count All New Debt as Part of the Transaction Size for HSR Purposes

The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger...more

10/25/2016 - Acquisition Agreements Antitrust Provisions Corporate Counsel DOJ FTC Hart-Scott-Rodino Act Leveraged Buyout Merger Agreements Pre-Merger Filing Requirements Reporting Requirements Size of Transaction Test

More Leveraged Buy-Outs to Face HSR Scrutiny as Agency Expands Reporting Requirements

The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger...more

10/18/2016 - Acquisitions FTC Hart-Scott-Rodino Act Leveraged Buyout Mergers Reporting Requirements Size of Transaction Test Stocks

Federal Trade Commission's Pennsylvania Hospital Challenge Moves Forward: Third Circuit Halts Transaction Pending Trial Outcome

A Federal Appeals Court has sided with the FTC and preliminarily blocked the proposed merger of the largest hospitals in the Harrisburg, Pennsylvania area, and Penn State Hershey Medical Center and PinnacleHealth System. The...more

10/14/2016 - Administrative Proceedings Antitrust Provisions FTC Healthcare Hospital Mergers Hospitals Popular The Clayton Act

Antitrust Agencies Propose Updates to IP Licensing Guidelines and Invite Comments

In 1995, the Federal Trade Commission and the Department of Justice first issued the Antitrust Guidelines for the Licensing of Intellectual Property. They represent the antitrust enforcement policy of the agencies with...more

8/23/2016 - Antitrust Provisions Comment Period Competition Copyright FTC Intellectual Property Protection Licensing Rules Patents Trade Secrets

Right to Veto Clause Prevents Partnership’s Virtual Reality Lawsuit

A judge in the Northern District Court of California ruled that a virtual reality firm’s “right to veto” provision in its partnership agreement prevented the company from bringing suit against Oculus VR, LLC (“Oculus”), a...more

7/11/2016 - Breach of Contract Corporate Counsel Partnership Agreements Startups Summary Judgment Technology Sector Veto Rights Virtual Reality

One-Two Punch on Hospital Challenges: Is the FTC Down for the Count?

There was a time not long ago when the odds of beating the Federal Trade Commission on a hospital merger antitrust challenge were slim. Two recent defeats, however, may change that some. Late last year, the FTC, in quick...more

6/24/2016 - Antitrust Litigation FTC Healthcare Costs Hospital Mergers Hospitals Injunctive Relief Market Power

CA Court Plays “Tag” – Judge Refuses to Drop Facebook Photo-Tagging Privacy Case

Earlier this month, a judge from the Northern District of California allowed a putative class action suit to proceed against Facebook. In this case, the plaintiffs alleged Facebook collected and stored biometric data of...more

5/17/2016 - Biometric Information Biometric Information Privacy Act Choice-of-Law Facebook Facial Recognition Technology Motion to Dismiss Putative Class Actions Terms of Use

Four Takeaways from the ABA Antitrust Section's 2016 Spring Meeting

Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more

4/20/2016 - American Bar Association (ABA) Anti-Competitive Antitrust Litigation Baker Hughes Criminal Penalties Divestiture DOJ Enforcement Actions Forex FTC FTC v Actavis FTC v. Phoebe Putney Health System Halliburton Libor Mergers NC Board of Dental Examiners v FTC REMS SCOTUS The Clayton Act Yates Memorandum

When Passive Investors Take a Stand – HSR Act Enforcement Put to the Test

Enforcement actions for violations of the Hart-Scott-Rodino Act (HSR) often are announced with substantial money penalties or other restrictions agreed in advance between the agency and the parties. Not so with the Department...more

4/14/2016 - DOJ Enforcement Actions FTC Halliburton Hart-Scott-Rodino Act Injunctions Investment Management Investment-Only Exemption Mergers Pre-Merger Filing Requirements SEC Yahoo!

FTC Announces 2016 Thresholds Under HSR Act and Clayton Act

Primary merger filing threshold raised from $76.3 million to $78.2 million - Last week, the FTC announced revisions to HSR Act and Clayton Act Section 8 thresholds, which it revises each January to account for inflation...more

1/27/2016 - Board of Directors Filing Fees FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements Size of Persons Test Size of Transaction Test The Clayton Act

The FTC's First Loss in Nearly Half a Decade, Illuminating the Difficulties of Prediction and the Merits of Litigating It

"Prophesy is a good line of business, but it is full of risks." Mark Twain could have been speaking about the FTC's recent challenge to a merger between the second- and third-largest sterilization companies in the world,...more

10/15/2015 - Anti-Competitive Competition FTC Innovation Preliminary Injunctions

HSR Enforcement Continues Swiftly: $240K Settlement Announced with FTC for Failure to File

On the heels of the FTC's recent HSR passive investor exemption enforcement action comes another reminder that HSR compliance is not always clear, and that it is not always easy. The Federal Trade Commission has announced a...more

10/2/2015 - Broker-Dealer Civil Monetary Penalty Conversion Corrective Actions Exemptions Failure-to-File FTC Hart-Scott-Rodino Act Institutional Investors Notice Requirements Statutory Waiting Period

Expanded HSR Antitrust Reporting for Pharma Licensing Deals Is Here to Stay

On June 9, 2015, the U.S. Court of Appeals for the D.C. Circuit, in its ruling in Pharm. Research & Mfrs. of Am. v. FTC, upheld the FTC's expansion of HSR reporting requirements for pharmaceutical companies, and solidified...more

6/24/2015 - Appeals Disclosure Requirements FTC Hart-Scott-Rodino Act Licensing Rights Pharmaceutical Industry Reporting Requirements

Supreme Court Preserves States' Power to Protect Consumers But in the Process Blurs Federal Preemption Analysis

The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins. The...more

4/29/2015 - Anti-Competitive Antitrust Litigation Antitrust Provisions Natural Gas Act ONEOK v Learjet Preemption Price-Fixing SCOTUS Supremacy Clause

Four Takeaways from the ABA Antitrust Section’s 2015 Spring Meeting

This year's 63rd ABA Section of Antitrust Law Spring Meeting featured extensive remarks from antitrust regulators forewarning of more vigorous antitrust enforcement in 2015. The Proskauer antitrust team was on the ground and...more

4/24/2015 - American Bar Association (ABA) Antitrust Provisions DOJ FTC Professional Conferences Strategic Enforcement Plan

Ninth Circuit Sides with FTC; Affirms Ruling That Idaho Health Care Merger Was Unlawful

In a closely-watched post-merger challenge, the Ninth Circuit this week sided with the FTC and affirmed an Idaho federal court's determination that the 2012 merger of two health care providers in the same city violated...more

2/12/2015 - Antitrust Litigation Corporate Counsel Divestiture FTC Healthcare Hospital Mergers Hospitals The Clayton Act

DOJ Provides New Guidance on Required Licensing of Essential Patents in Standard-Setting

DOJ recently concluded that a standard-setting organization's proposal to update its policy regarding patents underlying its standards was pro-competitive. DOJ's analysis of the association's process and legal structure...more

2/9/2015 - Antitrust Division DOJ IEEE Patents Standard Essential Patents

Time for an antitrust checkup: FTC announces 2015 thresholds under HSR Act and Clayton Act

January is a good time to take stock of compliance programs and set aside dated opinions and guidance to avoid relying on old rules, and antitrust is no exception to that. Because the FTC announces revisions to HSR Act and...more

1/29/2015 - Antitrust Provisions Chief Compliance Officers FTC Hart-Scott-Rodino Act Internal Controls The Clayton Act

Five Million Dollar Penalty is Stark Reminder About "Gun Jumping"

On November 7, 2014, the Antitrust Division of the Department of Justice ("DOJ") announced that it had imposed a civil penalty of $3.8M and disgorgement of $1.15M in profits on Flakeboard America Limited (and its parent...more

11/19/2014 - Antitrust Provisions Civil Monetary Penalty Disgorgement DOJ Due Diligence Enforcement Actions Flakeboard America Gun-Jumping Hart-Scott-Rodino Act Settlement Sherman Act SierraPine Waiting Periods

Derailing an Expert in the Rail Freight Fuel Surcharge Antitrust Litigation: What Every Litigator Needs to Know

The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more

11/13/2014 - Antitrust Litigation Arbitrage Conflicts of Interest Expert Witness Investors Litigation Funding Litigation Strategies Putative Class Actions Railways Trucking Industry

Strong HSR Compliance Programs Remain a Necessity

Continued strong antitrust enforcement under the Hart-Scott-Rodino Act (HSR) reminds us that HSR compliance issues can arise in unexpected places. When Berkshire Hathaway Inc. acquired voting securities of Symetra Financial...more

8/28/2014 - Antitrust Litigation Berkshire Hathaway Compliance FTC Hart-Scott-Rodino Act Premerger Notifications

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the...more

2/11/2014 - Affordable Care Act FTC Healthcare Physicians

28 Results
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.