News & Analysis as of

Change in Control

Holland & Knight LLP

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

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Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality...more

Holland & Knight LLP

Proposed New York City Legislation Could Negatively Impact the Hotel Industry

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New York City's hotels are a critically important component of the city's tourism and business industries. However, on July 18, 2024, 26 members of the New York City Council introduced Int. 991-2024 (Int. 991) without meeting...more

Latham & Watkins LLP

FDIC Proposes Amendments to Its Change in Bank Control Act Regulations

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The proposal would establish stricter oversight of certain transactions and responds to concerns that large asset managers may be exerting influence on FDIC-supervised institutions. On July 30, 2024, the Board of...more

Holland & Knight LLP

New Bill Would Empower California AG to Curtail Healthcare Private Equity Transactions

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Earlier this year, California Assembly Speaker Pro Tempore Jim Wood and Attorney General (AG) Rob Bonta sponsored and introduced California Assembly Bill (AB) 3129, which would subject a large swath of healthcare transactions...more

BCLP

Q1 2024 UK Oil and Gas Sector Update

BCLP on

The Energy Act 2023 (the “Act”) (in force as from 26 October 2023) amends model clauses contained in exploration and production licences to introduce requirements for consent to be obtained from the North Sea Transition...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula Podcast | Developments on the Horizon for the UK Change-in-Control Regulatory Regime

In this episode of “The Standard Formula” podcast, which focuses on Solvency II developments, Skadden partner Rob Chaplin is joined by colleague Olivier Peeters to discuss the U.K.'s change in control regime for insurers and...more

Nossaman LLP

Office of Health Care Affordability Adopts Final Cost and Market Impact Review Regulations for Health Care Transactions

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California’s new Office of Health Care Affordability recently adopted emergency regulations (“Final Regulations”) implementing the Health Care Market Oversight Program, required under California’s Health Care Quality and...more

Ervin Cohen & Jessup LLP

California Expands Requirements for Successor Grocery Employers

Effective January 1, 2024, California’s Assembly Bill 647 will expand recall rights for grocery workers when there is a change of control in a grocery establishment. Prior to AB 647, existing law required an incumbent grocery...more

Goodwin

Transactions in the Insurance Space: 4 Key Regulatory Issues

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The financial services industry continues to experience substantial growth and innovation as companies develop new ways to address evolving consumer expectations and risks. “Insurtech” refers to a relatively new and rapidly...more

Rivkin Radler LLP

Selling Your Business? Careful of Pre-Sale Contributions of Stock to Charity

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Charitable Giving Update- According to a recent report on charitable giving, the number of donors at every level of giving dropped during the first three quarters of 2022. The number of new donors was down by over 19...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Subjective Criteria For Hiring Decisions Or Rifs May Be Problematic

Mergers and acquisitions bring lots of financial opportunity, but they can sometimes result in upheaval in the workforce as the new entity determines whether it will operate business differently from its predecessor. If the...more

Goodwin

Agencies Issue Joint Statement on Liquidity Risks Resulting from Crypto-Asset Market Vulnerabilities

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Regulatory Developments - Agencies Issue Joint Statement on Liquidity Risks Resulting from Crypto-Asset Market Vulnerabilities - On February 23, the Federal Reserve, FDIC and OCC (the Agencies) issued a “Joint...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

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In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Epstein Becker & Green

New Job Protections for New Jersey Health Care Workers Following Changes in Control of Their Health Care Entity Employer

Epstein Becker & Green on

Effective November 16, 2022, non-governmental health care entities must offer eligible employees continued employment for at least four months following a change in control without any reduction in their wages and benefits –...more

BCLP

Banking Bites - September 2022

BCLP on

Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market....more

Goodwin

Buying a UK Crypto Business: The New Regulatory Hurdles

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​​​​​​​The advance of the regulation of crypto-assets and crypto-related service providers has been piecemeal in the U.K. The latest round of changes took place in the Money Laundering Regulations 2017 (MLR) on 1 September...more

Morgan Lewis - All Things FinReg

Change in Control Regime for UK Cryptoasset Businesses

As of August 11, 2022, approval is now required by the UK Financial Conduct Authority (FCA) before acquiring direct or indirect control of an FCA-registered cryptoasset business. Failure to attain such approval is a criminal...more

Ervin Cohen & Jessup LLP

Los Angeles Enacts Hotel Worker Protection Ordinance

On July 8, 2022, Mayor Eric Garcetti signed the City’s new Hotel Worker Protection Ordinance (“the Ordinance”) into law. The Ordinance was passed by the City Council on June 28, 2022. It will go into effect 30 days after...more

Morgan Lewis - ML Benefits

Ready for a Sale? Part 2: Change in Control Provisions and Treatment of Outstanding Equity Compensation

This blog post is Part 2 in the “Ready for a Sale?” series, which is aimed at getting the human resources, benefits, and executive compensation functions of your organization ready for a potential sale or similar corporate...more

Latham & Watkins LLP

National Security & Investment Act: Cold Comfort for Officeholders

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Insolvency officeholders may need clearance upon appointment to entity in an affected sector. The National Security & Investment Act (NSI Act) came into force in early January, and market participants might reasonably...more

Bressler, Amery & Ross, P.C.

NY DFS Addresses the Definition of “Control” in Insurance Acquisitions/Investments

On April 19, 2022, The New York Superintendent of Financial Services, noting the increase in the number of insurance company mergers and acquisitions in recent years, issued Circular Letter No. 5 (guidance) to educate...more

Bradley Arant Boult Cummings LLP

Is There a Legal Duty to Deal with Competitors? Sixth Circuit Antitrust Opinion Examines ProMedica’s Termination of Rival Hospital...

The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc. addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal...more

Patton Sullivan Brodehl LLP

Who Runs This LLC?

Under California law, LLCs can either be managed by all of the members (member-managed) or by a designated manager (manager-managed).  Manager-managed LLCs are more common for complex, multi-party ventures. The basic idea is...more

Littler

New Jersey Enacts Last-Minute Bill Tying the Hands of Successor Hotels

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On January 18, 2022, Governor Philip D. Murphy signed NJ A6246 / S4295, which significantly restricts the business discretion of successor hotels. The New Jersey Senate and General Assembly passed this bill by an overwhelming...more

Dorsey & Whitney LLP

The UK National Security and Investment Act 2021: A New Regime For Acquisition and Investment Transactions: Update

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There have been a number of key developments in the evolution of the UK’s national security regime since our e-bulletin earlier this year (UK to Adopt New Powers Over M&A Activity To Protect National Security). First and...more

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