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The EU General Court Gets a Rap on Its Knuckles

In Groupement des cartes bancaires, the EU Court of Justice severely reprimanded the General Court for its failure to properly analyze a restriction of competition ‘by object’ within the meaning of Article 101(1) TFEU....more

Executive Compensation Packages – Interview with David Lagasse, Member, Mintz Levin  [Video]

Attorney David Lagasse, Member of Mintz Levin's Employment, Labor & Benefits Practice, discusses the elements that both employers and senior executives should consider when negotiating a compensation package. ...more

Earn-Out Arrangements – Interview with David Lagasse, Member, Mintz Levin [Video]

Attorney David Lagasse, Member of Mintz Levin's Employment, Labor & Benefits Practice, talks about the use of an earn-out arrangement as a way to resolve disagreements between buyers and sellers regarding the value of a...more

Selling Privately Held Businesses – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office [Video]

Attorney Stephen Gulotta, Managing Member of Mintz Levin's New York office, discusses the importance of advance planning in the sale of privately held companies. ...more

Purchase Agreements – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office [Video]

Attorney Stephen Gulotta, Managing Member of Mintz Levin's New York office, discusses the key elements in a purchase agreement....more

Canadian Government Approves CNOOC’s Acquisition of Nexen

Monumental US$15.1 billion acquisition results in the largest foreign acquisition by a Chinese company to date. On December 7, the Canadian government approved the acquisition of Calgary, Alberta–based petroleum company...more

Are the Regulators Coming after the Patent Trolls?

The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition....more

Mississippi CON Report - October 8, 2012

In This Issue: - I. September 27, 2012 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since August 2012 CON Meeting - Excerpt from II. Certificate of Need...more

Calif. On Board As Health Care Antitrust Enforcer

Originally published in Law360, New York (September 27, 2012, 2:13 PM ET) California’s attorney general has recently launched a broad investigation into whether increasing consolidation among hospitals and physician...more

Anti-Competitive Conduct in China: A Dialogue with NDRC and SAIC Officials on Enforcement under China's Anti-Monopoly Law

On August 27, 2012 the American Chamber of Commerce, Beijing, hosted a luncheon meeting where Ms. Li Qing, Deputy Director, National Development and Reform Commission (“NDRC”) Price Supervision and Anti-Monopoly Bureau, and...more

Fenwick Employment Brief - September 2012

In This Issue: - Noncompete Not Aimed At Protection Of Goodwill Does Not Qualify For Sale Of Business Exception - Federal Agencies Issue Cautionary Guidance Regarding Confidentiality Of Employment...more

Beware Multiple Non-Compete Agreements Given in Connection with Corporate Deals in California

In California, non-compete agreements are generally unenforceable pursuant to Business and Professions Code § 16600, which provides "[E]xcept as provided in this chapter, every contract by which anyone is restrained from...more

The Mid-90s Commercial Item Reforms: Turning Back the Clock?

Originally published in Federal Contracts Report, 98 FCR 210 on 08/14/2012. The mid-90s were a watershed for the federal procurement system. The Federal Acquisition Streamlining Act of 1994 (FASA) and the Clinger-Cohen...more

BLG Monthly Update for August 2012

Exotic dancer slips and falls, negligent handling of human remains and the usual neat contracts cases -- all this and more in the BLG Monthly Update for August!...more

"Unclaimed Property Compliance and Its Impact on the Insurance Industry"

Unclaimed property compliance was once an area of law that received little attention. But compliance now is being pursued aggressively, resulting in unexpected and substantial liabilities for many companies. States are...more

All Together Now: A New Joint Definition of “Specially Designed”

On June 19, The U.S. Department of State, Directorate of Defense Trade Controls (DDTC) and U.S. Department of Commerce, Bureau of Industry and Security (BIS) proposed a joint, largely standardized definition of “specially...more

Mortgage Banking Update - July 12, 2012

In This Issue: - CFPB Proposes Amendments to RESPA and TILA - Defects in Chain of Title Must Be Raised Prior to Foreclosure - Borrower May Sue Over Lender’s Failure To Contact Prior to Foreclosure, California...more

Pennsylvania Attorney General Requires Merging Hospitals to Contract Separately with Payors in Settlement Agreement

In addition to the federal antitrust enforcement agencies, state attorneys general continue to take an active role in antitrust enforcement, especially in the health care industry. Last week, the Pennsylvania Attorney...more

Criminal Antitrust Update - May 2012

IN THIS ISSUE: - Industry Scorecard Publishing: Although the case is civil rather than criminal, the U.S. Justice Department’s Antitrust Division (Division) launched a significant price-fixing lawsuit against...more

Sellers Prepare: Health Care Due Diligence

Originally published in Law360, New York (May 18, 2012, 4:38 PM ET) Health care transactions present unique due diligence challenges. The buyer must evaluate the seller’s compliance policies and procedures, arrangements...more

Mortgage Banking Update - May 10, 2012

In This Issue: - Borrower May Sue after Three Years to Rescind Mortgage Loan, 4th Circuit Rules - Mortgage Insurer Settles DOJ Discrimination Suit -HUD Face-To-Face Meeting Rule Gets Expansive Reading from...more

Court Urges Business Transaction Exemption for PIPEDA

One business wants to buy the assets of another business. Assume that the consent obtained to the collection, use and disclosure of personal information from the customers of the seller did not include consent to disclose...more

Canadian Patents: Importance of Registering Assignment

This is a review of a recent decision of the Ontario Superior Court of Justice, which has implications for Canadian patent owners and assignees. The case is Verdellen v. Monaghan Mushrooms Ltd. The facts are that...more

Critical Real Estate Considerations in Health Care Transactions - Leases

This is Part II of Critical Real Estate Considerations in Health Care Transactions. Part I can be found here. Real estate leases are critical components of health care operations and are often key considerations in...more

Transactions: Corporate/London: M&A: The Importance of Bribery and Corruption Due Diligence - A UK Perspective

With M&A activity in the energy sector still buoyant, particularly in developing economies, the need for effective and risk sensitive diligence into potential bribery and corruption by target entities is becoming more...more

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