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Sham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators?

Under what is commonly known as “Noerr-Pennington immunity,” persons exercising their First Amendment right to petition the government for redress are generally immune from antitrust liability, even though their actions may...more

8/13/2014 - Hatch-Waxman Patent Infringement Patent Litigation Patents

Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process

In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the...more

7/21/2014 - CFIUS Due Process Fifth Amendment Foreign Investment

Some Interesting Numbers Regarding Merger Review: The Hart-Scott-Rodino Annual Report for Fiscal Year 2013

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) requires that proposed acquisitions of voting securities, assets or non-corporate interests meeting certain criteria be reported to the Federal Trade...more

5/23/2014 - Acquisitions DOJ FTC Hart-Scott-Rodino Act

Higher Filing Thresholds for HSR Act Premerger Notifications Effective February 24, 2014

Higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 will become effective on February 24, 2014. The filing thresholds are revised annually, based on the change in gross...more

1/29/2014 - FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements The Clayton Act

Higher Filing Thresholds for HSR Act Premerger Notifications Effective February 11, 2013

Higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 became effective on February 11, 2013. The filing thresholds are revised annually, based on the change in gross national...more

2/14/2013 - FTC Hart-Scott-Rodino Act Interlocking Directorate Premerger Notifications Size of Persons Test Size of Transaction Test Threshhold Requirements

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