Mergers & Acquisitions Administrative Agency

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ITC Companies Settle FERC Enforcement Action Regarding Federal Power Act Section 203 and 205 Violations for $750,000

On March 11, 2014, the Federal Energy Regulatory Commission (FERC) issued an order approving a settlement between the FERC Office of Enforcement (OE) and four subsidiaries of ITC Holdings Corp. (the ITC Companies) that...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

New Regulatory Guidance Impact Business Continuity Planning for the Financial Industry

As a result of recent natural disasters, a number of the regulators that oversee the securities industry have jointly issued guidance regarding the business continuity or disaster recovery plans (BCPs) of broker-dealers and...more

Amendments to Financial Responsibility Rules for Broker-Dealers Impact Net Capital

On July 31, 2013, the Securities and Exchange Commission (SEC) announced amendments to Financial Responsibility Rules for Broker-Dealers (Release No. 34-70072; File No. S7-08-07). The rule amendments become effective October...more

High court scales back antitrust exemption

This Daily Journal article analyzes the United States Supreme Court decision of Federal Trade Commission v. Phoebe Putney Health System, Inc, which held that a state's grant of general corporate powers to government entities...more

Administrative Law Judge Affirms Holding on Alabama SRLY Rule

On August 15, 2012, Chief Administrative Law Judge Bill Thompson issued his long-awaited SRLY ruling, holding that an Alabama consolidated group was entitled to carry forward certain net operating losses (“NOLs”) incurred...more

FTC v. Phoebe Putney Health System, Inc.: Supreme Court rules state law does not offer blanket protection from antitrust laws

The United States Supreme Court issued a decision limiting antitrust immunity for state-sanctioned conduct. The Court unanimiously overturned the Eleventh Circuit's ruling allowing Phoebe Putney Health System, Inc. to acquire...more

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $70.9 million

The Federal Trade Commission recently announced higher reporting thresholds for pre-merger notifications filed on or after February 11, 2013. The U.S. Federal Trade Commission (FTC) recently announced revised thresholds for...more

FTC Announces Increases to Thresholds for Pre-Merger Notification and Limitations on Interlocking Directorates

On Jan. 10, 2013, the Federal Trade Commission made its annual announcement of revisions to thresholds that determine whether companies must abide by the pre-merger filing and waiting period requirements set forth in the...more

FTC Raises Hart­-Scott­-Rodino Thresholds

Transactions closing as of February 11 will be subject to increased HSR Act jurisdictional and filing fee thresholds. On January 10, the Federal Trade Commission (FTC) announced that it will raise the Hart-Scott-Rodino...more

HR Professionals: The Key To Smooth Corporate Acquisitions

Although human resources professionals are not always recognized for their efforts during a corporate acquisition, the work which they do behind the scenes can often make the difference between an acquisition succeeding or...more

I’ve Been Thinking About Conversion, But I Haven’t Decided To Convert

Conversion can be a sensitive subject for some. In California, corporate conversions are a relatively new phenomenon, having made their first appearance with legislation enacted in 2002 (SB 399 (Ackerman)). The General...more

Private Placements By Acquisition Targets – Another Regulatory Grey Area

On November 28, 2012, the British Columbia Securities Commission (BCSC) issued the reasons for the decision it had made following a hearing to consider an application made by Inmet Mining Corporation for certain relief in...more

Hidden Due Diligence Risk In Mergers, Acquisitions And Investments: Independent Contractor Misclassification Oftentimes Overlooked...

Many due diligence reviews in mergers, acquisitions and investments have ignored the issue of independent contractor (IC) misclassification liability. This is a difficult exposure to identify unless the legal team digs below...more

FAA's ODRA Sustains Protest of Sole Source Award

In a recent decision, the Federal Aviation Administration's ("FAA") Office of Dispute Resolution for Acquisition ("ODRA") sustained a protest challenging the intent to award single source contract because, according to ODRA,...more

CFIUS Annual Report Shows Increase in Notified Transactions in 2011

The Committee on Foreign Investment in the United States (CFIUS) recently released the unclassified version of its annual report to Congress for transactions notified to CFIUS during the calendar year 2011. Most notably, the...more

Considerations for the 2013 Form 10-K and Annual Proxy Season

The upcoming 2013 proxy season will likely be impacted by new policies issued by proxy advisers, as well as shareholder activists taking advantage of previously adopted rules, rather than by recent legislative or rulemaking...more

What's The Deal?

What better way to kick off 2013 than with kind of a big deal! eOne just announced this morning that the Competition Bureau will not stand in the way of its planned acquisition of Alliance Films....more

Rogers Towers: Fair Debt Collection Practices Act (FDCPA): Applicable to Institutions that Acquire Loans from the FDIC?

In the wake of bank failures, some institutions have acquired failed bank assets, including loans, from the Federal Deposit Insurance Corporation. Such institutions should exercise caution when collecting on consumer loans...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

The Shale Play Today - December 2012

In This Issue: - The Natural Gas Industry: 2012 Year in Review & Look Ahead - Please Take Our Reader Survey - Spilman Member Speaks at National Environmental Conference - Statoil Acquires 70k Acres in...more

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