Mergers & Acquisitions, Constitutional Law

Supreme Court Unanimously Rejects Antitrust Immunity in Hospital Merger Case

by Robert Buchanan, Jr., Michael Gass, Julia Hesse, Christine Savage | Choate Hall & Stewart LLP on 2/26/2013

What you need to know: The Supreme Court issued a unanimous decision siding with the FTC against a hospital merger in Georgia. What you need to do: Companies should conduct careful analysis before investing...more

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

by Melissa Hatch, Jan Levine | Pepper Hamilton LLP on 2/25/2013

On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more

Supreme Court Hands FTC Victory on State Action Immunity

by Jessica Anthony, Leslie John, Jason Leckerman | Ballard Spahr LLP on 2/22/2013

In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the...more

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

by Ryan Blaney, Monte Dube, Helene Jaffe, Alan Kusinitz, Andrew Wellin, Richard Zall | Proskauer Rose LLP on 2/22/2013

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

State and Local Tax Insights -- Fall 2012

by Morrison & Foerster LLP on 11/5/2012

In This Issue: State Tax Issues in Mergers, Acquisitions and Restructurings: Food for Thought; Upcoming 2012-2013 Speaking Engagements; The Due Process Clause as a Bar to State Tax Nexus; Paul H. Frankel, Craig B. Fields...more

Life After Patchak: What Does It Mean For Tribal Gaming in California?

by Snell & Wilmer L.L.P. on 10/24/2012

Originally published in Riverside Lawyer, October 2012. The tribal gaming industry received a blow from the United States Supreme Court right before the high court ended its session for the summer. Whether the blow is...more

California Bill Threatens Market Exception For Dissenters’ Rights

by Allen Matkins Leck Gamble Mallory & Natsis... on 7/18/2012

The California legislature is taking its summer recess and will reconvene on August 6. Joint Rule 51(b)(2). It will then sit until August 31 which is the last day for either the Senate or the Assembly to pass bills. Cal....more

Supreme Court to Hear FTC Challenge to Anticompetitive Merger

by Bracewell & Giuliani LLP on 6/29/2012

The U.S. Supreme Court has agreed to hear the Federal Trade Commission's (FTC) appeal of an Eleventh Circuit ruling that a merger of two Georgia hospitals, Phoebe Putney Health System, Inc. (Phoebe) and Palmyra Park Hospital,...more

Supreme Court to Hear FTC Challenge to Georgia Hospital Merger

by Dickinson Wright on 6/28/2012

On June 25, the United States Supreme Court granted the Federal Trade Commission’s request that it review the 11th Circuit’s decision in Federal Trade Commission v. Phoebe Putney Health System. The case involves the FTC’s...more

Governor Brown Submits Agency M&A Proposal

by Allen Matkins Leck Gamble Mallory & Natsis... on 4/3/2012

Article V, Section 6 of the California Constitution provides that the legislature may provide by statute for the Governor to “assign and reorganize functions among executive officers and agencies and their employees, other...more

PA Bank Shares Tax: Big News for Banks Involved in Mergers

by Reed Smith on 8/8/2011

Today, the Commonwealth Court decided the Lebanon Valley Farmers Bank case1. The case produces a big problem for banks that have, in the past six years, been involved in a merger between a bank that is a bank shares taxpayer...more

Doing Business in Canada

by Andrae Marrocco on 5/1/2010

This publication presents a general overview of the legislative and regulatory framework faced by foreign businesses wishing to establish or acquire a business in Canada. It covers topics ranging from Canada's constitutional...more

Tenth Circuit Holds Corporate Shareholders Do Not Have Standing Under Rico To Sue Derivatively For Alleged Injuries To Corporation

by Sheppard Mullin Richter & Hampton LLP on 3/9/2010

In Bixler v. Foster, No. 09-2138, 2010 WL 597477 (10th Cir. Feb. 22, 2010), the United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a class action lawsuit brought by minority shareholders of Mineral...more

Communications Law Bulletin -- June 2007

by Morrison & Foerster LLP on 6/30/2007

In this issue: The Month in Brief Congress Continues to Introduce Targeted Bills Second Circuit Vacates FCC Order Finding “Fleeting Expletives” Indecent Video Franchise Bills Continue to Move Ahead in the States, While...more

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Mergers & Acquisitions › Constitutional Law