Helene Jaffe

Helene Jaffe

Proskauer Rose LLP

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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 Standards-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

Federal Trade Commission Announces 2014 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking...

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a...more

1/22/2014 - Acquisitions FTC Hart-Scott-Rodino Act Interlocking Directorate Mergers The Clayton Act

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2013

In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission...more

11/25/2013 - Actavis Inc. Anti-Competitive Antitrust Investigations Antitrust Litigation Competition FTC FTC v Actavis Pharmaceutical Reverse Payment Settlement Agreements SCOTUS Settlement

"Re-Animator" or "Dead Man Walking"? FTC Says No to Zombie Deal Reviews – Formalizes Withdrawal and Refiling Procedure

Antitrust review under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR") is a fact of life that many dealmakers would happily do without. So, when a deal dies midstream few would opt to continue with the HSR...more

7/12/2013 - Antitrust Litigation Antitrust Provisions FTC Hart-Scott-Rodino Act Refiling Withdrawal

Supreme Court Holds Reverse Payment Settlements Are Subject to Rule-of-Reason Scrutiny in Landmark Ruling

In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission Act...more

6/24/2013 - ANDA Antitrust Litigation FTC FTC v Actavis Generic Drugs Patents Reverse Payment Settlement Agreements

Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust...

Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital...more

2/22/2013 - FTC FTC v. Phoebe Putney Health System Hospital Mergers Hospitals Immunity Mergers SCOTUS State Action Doctrine

Federal Trade Commission Announces 2013 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking...

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a...more

1/15/2013 - FTC Hart-Scott-Rodino Act Size of Persons Test Size of Transaction Test The Clayton Act Threshhold Requirements

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