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Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:

Across the Board-Episode 1, the Uber Board

by Thomas Fox on

In this inaugural podcast of Across the Board, I consider the Holder Report to the Uber Board of Directors, which led to the resignation of CEO Travis Kalanick. In June, the law firm of Covington & Burling LLP (Covington),...more

Trump and Compliance: The First 100 Days [eBook]

by Thomas Fox on

Since November 9, 2016 the Apocalypse has not descended (at least as of the writing of this foreword). Since that time many of the leading compliance commentators have considered what the first 100 days of the Trump...more

The PCAOB, Audits, and Compliance - Considerations for the Chief Compliance Officer

by Thomas Fox on

I recently had the chance to visit with Joe Howell, the Executive Vice President of Workiva LLC, to discuss, among other things, the function of the Public Companies Accounting Oversight Board (PCAOB) and what role it might...more

2016 - A Year for the FCPA Record Books & What It Means for Compliance Practitioners

by Thomas Fox on

We have never seen and may well never see again a year of Foreign Corrupt Practices Act corporate enforcements as we did in 2016. ...more

FRB Lifts Threshold for Financial Stability Review

by Bryan Cave on

In its March 2017 approval of People United Financial, Inc.’s merger with Suffolk Bancorp (the “Peoples United Order”), the Federal Reserve Board eased the approval criteria for certain smaller bank merger transactions by...more

Private Equity Firm Held Responsible for Portfolio Company’s Antitrust Violations

by Reed Smith on

A recent case found that a private equity firm was liable for its portfolio company’s antitrust violations. This client alert explains that private equity firms, when selecting potential investments, need to carry out...more

Update On Annual Adjustment To HSR Reporting Threshold And Recent Enforcement Actions Against Investors

by Seyfarth Shaw LLP on

The Federal Trade Commission (FTC) recently announced that the 2017 size-of-transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act, as added by the Hart-Scott-Rodino...more

January EU Competition Newsletter

by Bryan Cave on

Digital and Pharma Merger Cases Raise Worry of Enforcement Gap in EU Merger Control - On 7 October 2016, the EU Commission launched a public consultation ("the Consultation") on the functioning of certain procedural and...more

Federal Trade Commission Hosts Crowdfunding & Peer-to-Peer Payments Forum

by Davis Wright Tremaine LLP on

On October 26, 2016, the Financial Trade Commission hosted a forum on Crowdfunding and Peer-to-Peer Payments, in Washington, D.C., the latest in the Commission’s FinTech Forums Series. The forum included two panels: (1)...more

Consumer Data Privacy in Bankruptcy

by Baker Donelson on

Bankruptcy law and privacy law may appear to be wholly separate areas of the law, but they overlap more than one might anticipate. Balancing individual rights and interests to achieve a social good is at the heart of both...more

FCA Publishes "New" Mission Statement

On 26 October 2016, the FCA published a Mission Statement titled “Our Future Mission”. The aim of the publication is to “establish a set of guiding principles” that explain how the FCA pursues its strategic and operational...more

Financial Services Weekly News - October 2016 #2

by Goodwin on

Editor's Note - Never Satisfied. Despite the Securities and Exchange Commission’s announcement that, in its just completed fiscal year 2016, it filed a record 868 enforcement actions reprimanding misconduct by companies...more

Investment Firm to Pay Record $11 Million Fine for Violation of HSR Act

by Bracewell LLP on

On July 12, 2016, the Department of Justice (“DOJ”) announced that investment firm ValueAct Capital (“ValueAct”) agreed to pay a record $11 million fine to settle charges that it and its affiliates violated the reporting and...more

Procompetitive Effects of Business Associations in the Balance?: Business Association Membership and the Sufficiency of Sherman...

What facts beyond mere membership in a trade association trigger Sherman Act liability? Next term, the Supreme Court will hear an antitrust case testing the requirements for pleading the conspiracy element of a claim brought...more

Florida Court Rejects Auto Body Shops' Effort to Revive their Antitrust Claims Against the Auto Insurance Industry

by Baker Donelson on

On May 12, District Judge Gregory Presnell (Middle District of Florida) denied plaintiffs' motion for reconsideration in the In re Auto Body Shop Antitrust Litigation, delivering another victory to insurers seeking to derail...more

A Storm Brews: Retailers Push Back Against Payment Card Industry Data Security Standards

by McGuireWoods LLP on

As businesses and financial institutions grapple with data security in the wake of high profile breaches, tensions between retailers and the credit card industry over the creation and implementation of security standards...more

Second Circuit Resurrects LIBOR Antitrust Case Against Bank Defendants, But Reprieve May Be Short-Lived

by BakerHostetler on

On May 23, 2016, the Second Circuit breathed new life into the class action case against 16 banks belonging to the British Bankers’ Association (the Banks), vacating the Southern District of New York’s dismissal of the case...more

Is the Sky Falling? DOJ and Cooperation

by Dorsey & Whitney LLP on

Is the sky falling or are we on our way to a new normal when it comes to earning cooperation credit from the Department of Justice? These questions were raised in remarks by Deputy Attorney General Sally Yates in remarks...more

Will Antitrust Cases Relating to Securities Transactions Invite More Objections Because of Their Complexity?

The deadline for parties to object to the settlement in the In re Credit Default Swaps Antitrust Litigation, Master Docket No. 13-MD-2476 (DLC) in the Southern District of New York recently passed on February 29, 2016. Unlike...more

[Webinar] Benchmarking Your E&C Hotline in 2016: What is Your Data Telling You? - March16th, 11:00am PT

by NAVEX Global on

You’ve heard it time and time again—one of the most effective ways to measure your compliance initiatives is to analyze the data you’re already collecting from internal reporting systems. However: how do you know if your data...more

DOJ to Executives: We’re Watching You

We’ve previously written about how the Yates Memo announced an increased focus on individual accountability, and that the DOJ’s broader focus on individual accountability would likely encourage the Antitrust Division to...more

FTC Announces Revised HSR Pre-Merger Notification and Interlocking Directorate Thresholds

by Miles & Stockbridge P.C. on

The Federal Trade Commission (“FTC”) has announced revised monetary thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott Rodino Antitrust...more

Hart-Scott-Rodino Thresholds to Increase Effective February 25, 2016

by McCarter & English, LLP on

The Federal Trade Commission (“FTC”) has announced revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), that will go into effect on February 25, 2016. The revised...more

Federal Trade Commission Increases Interlocking Directorates Thresholds

by Bryan Cave on

Last week the Federal Trade Commission published its annual revision of the interlocking directorates thresholds under Section 8 of the Clayton Act. The new thresholds became effective on January 26, 2016....more

Premerger Notification Thresholds Increased

by Bryan Cave on

Effective February 25, 2016, the jurisdictional thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), will increase. Pursuant to statutory amendments made in 2000, the thresholds are...more

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