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Department of Justice (DOJ) Proposed Amendments

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

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At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

Zuckerman Spaeder LLP

The Imperative for Outlawing “Acquitted Conduct Sentencing”

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In federal court, “not guilty” doesn’t always mean no punishment. Under a quirk of federal sentencing law, judges are permitted to consider at sentencing anything that they consider relevant, including conduct for which a...more

BakerHostetler

Federal Prosecutors Will Seek ‘Stiffer Sentences’ for Misuse of AI

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Deputy U.S. Attorney General Lisa Monaco recently sparked debate by stating, “Like a firearm, AI can enhance the danger of a crime.” And just as prosecutors can seek enhanced sentences for offenses involving firearms, the...more

Bradley Arant Boult Cummings LLP

Does the End Justify the Means? Privacy Advocates React to the Cooper Davis Act

This summer, a proposed amendment to the Controlled Substances Act known as the Cooper Davis Act (the “Act”) is making its way through congressional approvals and causing growing dissension between and among parents, consumer...more

WilmerHale

Proposed Changes to HSR Notification Form Would Intensify Scrutiny on Private Equity Funds: Some Thoughts on What to Expect and...

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As described in our Client Alert of July 6, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) proposed on June 27, 2023, a massive overhaul of the Hart-Scott-Rodino Act (HSR) pre-merger notification...more

WilmerHale

FTC and DOJ Propose Sweeping Changes to HSR Notification Form: Convergence and Intensifying Idiosyncrasy

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For the first time in 45 years, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) proposed on June 27, 2023, a massive overhaul of the Hart-Scott-Rodino Act (HSR) pre-merger...more

Stevens & Lee

FTC Calls for Major Changes in Hart-Scott-Rodino Rules

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The Federal Trade Commission (“FTC”) on June 27 issued a proposed rule pursuant to which it would amend its Hart-Scott-Rodino Act (“HSR”) form and instructions and in so doing make major “top-to-bottom” changes for the first...more

Miles & Stockbridge P.C.

FTC Announces Proposed Changes to Hart-Scott Rodino Form

The U.S. Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the U.S. Department of Justice (“DOJ”), announced late last month proposed changes the premerger notification form and rules under...more

Latham & Watkins LLP

FTC and DOJ Propose More Demanding and Lengthy HSR Filing Process

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The agencies’ proposed rulemaking would add significant complexity, substance, and time to US antitrust premerger notifications. On June 27, 2023, the Federal Trade Commission (FTC) in collaboration with the US Department...more

Dorsey & Whitney LLP

FTC and DOJ Propose Overhaul of U.S. Merger Review Process

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Earlier this week, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking for a major overhaul of the U.S. merger control reporting process. Among other things, the FTC’s proposed changes would require...more

BCLP

U.S. antitrust agencies propose major changes to pre-merger review process

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On June 27, 2023 the Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, (together, the “Agencies”) announced proposed amendments to the premerger notification rules that...more

BakerHostetler

FTC Proposes Sweeping Changes to HSR Reporting Requirements

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On June 27, the Federal Trade Commission (FTC) issued a press release[1] announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). Under...more

Holland & Knight LLP

Killing Deals Softly: FTC Proposes 107-Hour Increase in Hart-Scott-Rodino Burden

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The Federal Trade Commission (FTC) on June 27, 2023, announced its intention to increase the cost and burden of its regulatory processes, which might prevent many even benign and procompetitive mergers and acquisitions (M&A)...more

Goodwin

FTC and DOJ Propose Major Changes to HSR Form and Disclosure

Goodwin on

On June 27, 2023, the U.S. Federal Trade Commission (“FTC”) and Antitrust Division of the U.S. Department of Justice (“DOJ”) announced a Notice of Proposed Rulemaking regarding the Hart-Scott-Rodino (“HSR”) Premerger...more

McGuireWoods LLP

Federal Trade Commission and Department of Justice Propose Overhaul of HSR Form

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On June 27, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that, if adopted, would significantly amend the rules and instructions governing the scope of information that must be submitted in a...more

ArentFox Schiff

Investigations Newsletter: DOJ Issues Corporate Self-Disclosure Policy

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DOJ Issues Corporate Self-Disclosure Policy - The US Department of Justice (DOJ) released a Voluntary Self-Disclosure Policy that sets a consistent standard for corporate self-disclosures for all US Attorney’s Offices. The...more

ArentFox Schiff

Investigations Newsletter: Top Reasons for 2022’s Downward Trend in False Claims Act Recoveries

ArentFox Schiff on

Top Reasons for 2022’s Downward Trend in False Claims Act Recoveries - Following the US Department of Justice’s (DOJ) release of statistics regarding FCA settlements and judgments for the 2022 fiscal year, Law360 spoke...more

Morrison & Foerster LLP

The Rise of Rule 10b5-1 Enforcement and How Companies Can Mitigate Risk of DOJ and SEC Actions

The U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have recently intensified their scrutiny of insider trading under Rule 10b5-1 trading plans. The emerging trend of enforcement investigations...more

ArentFox Schiff

Virginia Finalizes CDPA Text With the Addition of Three Amendment Bills

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Connecticut Passes the Fifth US State Consumer Privacy Law - The Connecticut governor has formally signed and passed An Act Concerning Personal Data Privacy and Online Monitoring (CPDA), making this law the fifth US state...more

Morgan Lewis

FCA Update from Morgan Lewis Team Recognized as Most Active FCA Defense Counsel

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In a move that threatens to undermine some key defenses to liability under the False Claims Act, a bipartisan group of senators voted to advance the False Claims Amendments Act of 2021 (SB 2428) out of the Senate Judiciary...more

Kohn, Kohn & Colapinto LLP

The Real Effect of the False Claims Amendment Act of 2021

The Senate Judiciary Committee is currently considering amendments to the False Claims Act, a law originally passed during the Civil War that was modernized in 1986. The debate in the Judiciary Committee is being closely...more

Akin Gump Strauss Hauer & Feld LLP

FCA Proposal Is Unfair And Would Hinder Economic Growth

As American industry moves toward building back better in the face of a continuing pandemic, Sens. Chuck Grassley, R-Iowa, and Patrick Leahy, D-Vt., have introduced the False Claims Amendments Act of 2021, proposing revisions...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 7th - 8th, New York, NY

The premier event for drug and medical device product liability lawyers to gain essential winning litigation strategies. ACI’s 26th Annual Flagship Conference on Drug and Medical Device Litigation is returning to New York...more

Mintz - Health Care Viewpoints

Senator Grassley and Others Propose Amendments to the False Claims Act

Last week, a bipartisan group of Senators led by Senator Chuck Grassley (R-Iowa) introduced two pieces of proposed legislation, one of which would amend the False Claims Act (FCA) and the other of which would amend the...more

BCLP

Big Tech Under Fire: New Antitrust Bill Targets “Extremely Large” Companies

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On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced S. 225, the Competition and Antitrust Law Enforcement Act of 2021 (the “Bill”). The Bill amends the Clayton Act in three key areas: (1)...more

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