News & Analysis as of

Private Equity Notice Requirements

Proskauer - Health Care Law Brief

AB 3129 Passes California Legislature, Targeting Private Equity Health Care Transactions and Granting AG Consent Right

On August 31, 2024, the California State Assembly and State Senate passed Assembly Bill 3129 (“AB 3129”). If signed by Governor Newsom, AB 3129 would establish a comprehensive transaction review law that (i) targets private...more

Bass, Berry & Sims PLC

California Bill on Health Care System Consolidation Scheduled for Vote in Senate Health Committee

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Effective January 1, 2025, if enacted, California Assembly Bill 3129 (Bill) would grant sweeping power to the Attorney General by authorizing the Attorney General to approve, conditionally approve, or disapprove of certain...more

Goodwin

Indiana Enacts Broad Notification Requirements for Healthcare Transactions with a Clear Focus on Private Equity

Goodwin on

Earlier this year, Indiana joined a growing number of states by enacting a new notification requirement for certain healthcare transactions. Indiana Senate Bill Number 9 (SB 9), effective July 1, 2024, is likely to require...more

Epstein Becker & Green

Indiana Senate Enrolled Act 9 Requires Written Notice of Health Care Entities’ Mergers or Acquisitions

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On March 13, 2024, Indiana Governor Eric J. Holcomb signed Senate Enrolled Act No. 9 (“SEA 9”) which will amend the Indiana Code with respect to notice of health care entity mergers and acquisitions....more

Holland & Knight LLP

Private Equity Healthcare Transactions Under Scrutiny

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From the West Coast Healthcare Desk is an ongoing series of Holland & Knight Healthcare Blog articles and alerts focused on healthcare industry developments and points of interest in the West Coast healthcare marketplace....more

Epstein Becker & Green

Proposed CA Assembly Bill 3129: Notice & Consent for Private Equity, Hedge Funds Acquiring/Changing Control of Health Care...

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As our December 2023 Insight noted, California’s SB 184 (enacted in June 2022) and accompanying regulations contain pre-transaction notice requirements by “specified health care entities” for certain “material change...more

Quarles & Brady LLP

Indiana Lawmakers Continue to Take Aim at Health Care Organization Mergers

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On February 27, 2024, the Indiana House of Representatives (“House”) voted to pass legislation that would call for increased scrutiny regarding mergers between health care organizations. More specifically, the implementation...more

McDermott Will & Emery

California AB 3129 Targets the Health Facility Transactions Approval Process

McDermott Will & Emery on

On February 16, 2024, Assemblymember Jim Wood introduced Assembly Bill (AB) 3129, which targets healthcare consolidation involving private equity groups and hedge funds. The bill, if enacted, would require private equity...more

Polsinelli

Office of Health Care Affordability Publishes Near-Final Regulations on Health Care Transaction Notice Requirements

Polsinelli on

On Tuesday, November 28, 2023, California’s Office of Health Care Affordability (“OHCA”) published its latest version of the proposed regulations requiring advanced notice of certain health care transactions in California for...more

Epstein Becker & Green

Warning - Transaction Delays Expected. State Notice Requirements Ahead for Health Care M&A!

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An increasing number of states are requiring advance notice of health care transactions.  These requirements may delay transactions or result in confidential information becoming accessible to the public. Effective August 1,...more

Benesch

New State Healthcare Antitrust Laws Require Pre-Closing Notice for Certain Healthcare Transactions

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During the past year, a number of states have enacted antitrust legislation relating to healthcare entities, which, once effective, will implement a dedicated health care transaction review process by relevant state agencies....more

Dechert LLP

WARN Act Decision Highlights Employment Risks for Private Equity Sponsors

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In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be...more

Latham & Watkins LLP

Foreign Subsidies Regulation Key Updates for PE Deal Teams

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European M&A is expected to become more complex after European legislators agreed on a new Foreign Subsidies Regulation (FSR), which came into force in January 2023 and aims to control subsidies that distort the EU internal...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

Epstein Becker & Green

New York State Enacts New Notice Requirements Targeting Private Equity Health Care Transactions

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New York recently enacted new legislation that will amend Article 45-A of the New York Public Health Law, entitled “Disclosure of Material Transactions”.  Although the legislation, as enacted, contains no description of...more

Sheppard Mullin Richter & Hampton LLP

New Notice and Public Disclosure Requirements for Material Health Care Transactions in New York

The growth of private equity and other financial sponsor investments in the health care industry has led many states across the country to adopt expansive oversight authority over health care transactions. With the enactment...more

Goodwin

Recent FTC Enforcement Action Signifies Increased Scrutiny of Private Equity Acquisitions and Imposition of More Onerous...

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On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more

Jones Day

How FIRRMA Impacts U.S. Private Equity Funds

Jones Day on

The Situation: The Foreign Investment Risk Review Modernization Act ("FIRRMA") clarifies when U.S. private equity funds with foreign limited partners are not considered foreign for purposes of the Committee on Foreign...more

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