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News & Analysis as of

Federal Trade Commission Brings Complaint Against Firm for Relying on HSR Act "Investment-Only" Exemption

August 31, 2015 On August 24, 2015, the Federal Trade Commission (FTC) announced that it has reached an agreement with Third Point LLC and three affiliated investment funds (collectively "Third Point") to settle allegations...more

"FTC Commissioners Divided on Scope of Investment-Only Exemption to HSR Rules"

On August 24, 2015, the Federal Trade Commission (FTC) announced a consent settlement based on an application of the investment-only exemption to the Hart-Scott-Rodino Act’s premerger notification requirements. The settlement...more

Latest H-S-R Act Enforcement Is a Cautionary Tale for Minority Investors

Generally speaking, stock purchases which will cause an investor to hold more than $76.3 million of the target’s voting securities may require a pre-closing notification under the Hart-Scott-Rodino (“H-S-R”) Act. But there...more

Investment Fund Violates “Investment-Only” HSR Exemption

At the request of the Federal Trade Commission (“FTC” or “Commission”), the Department of Justice (“DOJ”) filed this week in federal court a proposed settlement to charges that an investment fund violated the...more

Third Point Settles FTC Charges That They Violated U.S. Premerger Notification Requirements

On August 24, 2015, the FTC announced that Third Point Funds (“Third Point”), which includes three affiliated hedge funds commonly managed, agreed to settle FTC charges that it violated premerger reporting requirements in...more

Alert: HSR "Investment-Only" Exemption: Lessons from Third Point's Yahoo! Investment

While acquisitions of up to 10% of the voting interest in a target that are made "solely for the purpose of investment" are in many circumstances exempt from Hart-Scott-Rodino (HSR) reporting requirements, even when the value...more

Advertising Law - July 2015 #5

Place Your Bets: Yahoo to Host Fantasy Sports Games - In a new business venture that adds to an ever expanding field, Yahoo announced that it will host daily and weeklong pay-to-play fantasy sports games for cash prizes....more

Advertising Law - June 2015 #2

NFL Scores Victory at Eighth Circuit, $42M Deal With Former Players Upheld - The Eighth Circuit Court of Appeals affirmed the $42 million settlement between the National Football League (NFL) and almost 25,000 former pro...more

I’ve said too much/I haven’t said enough: Eleventh Circuit law on the duty to correct prior representations in light of the Ninth...

On May 15, the Ninth Circuit declined to recognize a duty to correct prior representations under §§ 10(b) and 20(a) of the Securities Exchange Act of 1934, affirming the Northern District of California’s dismissal of a...more

M&A Update: IRS Mulls Change to Spinoff Rules

In a statement that would mark a stark change in approach, an IRS official recently indicated that the IRS may begin requiring that companies seeking to effect tax-free spinoffs conduct active businesses that represent a...more

Dismissal Of Securities Fraud Class Action Against Yahoo! Affirmed By Ninth Circuit

On May 15, 2015, the Ninth Circuit Court of Appeals affirmed the dismissal of a putative securities fraud class action against Yahoo! In re: Yahoo! Inc. Sec. Litig., No. 11-cv-02732 (9th Cir. May 15, 2015). In 2011,...more

Tips For Meeting The Evolving Standard For Indefiniteness

The U.S. Supreme Court reigned in the Federal Circuit’s indefiniteness standard for patent claims almost a year ago in Nautilus Inc. v. Biosig Instruments Inc. Recently, on April 27, 2015, the Federal Circuit revisited the...more

California Teams-Up with Internet Search Engines to Block Unlicensed Payday Lender Advertising

On April 7, the California Department of Business Oversight announced a new initiative to prevent unlicensed payday lenders from advertising on major Internet search engines, including Microsoft, Google, and Yahoo....more

DBO Establishes Protocol With To Block Unlicensed Payday Lenders’ Ads

When I served as California’s Commissioner of Corporations, Internet commerce was just finding its legs and we were concerned about how to apply the Corporate Securities Laws to this new technology. For state regulators, the...more

March Madness: Trade Secrets Claims Block Billion Dollar Bracket

For those of us who revel in this time of year as amateur “bracketologists,” last year’s promise of the billion dollar bracket brought an added lottery-like level of fun to the NCAA basketball tournament. Even though the...more

Yahoo! wins against RTI: limited liability for hosting providers

The Court of Appeal of Milan recently issued a very important decision in the Yahoo! v. RTI case. The Court overturned the First Instance decision and held that Yahoo! can rely on the hosting provider exemption under the...more

"Courts Parse First Amendment Protections for Anonymous Critics Online"

The Supreme Court has long recognized that the freedom of speech enshrined in the First Amendment extends to anonymous speech, noting that “persecuted groups and sects … throughout history have been able to criticize...more

Terms of Degree Must Provide Objective Boundaries

Interval Licensing LLC v. AOL, Inc. - Providing further elaboration on the “reasonable certainty” standard in an indefiniteness analysis involving a term of degree, the U.S. Court of Appeals for the Federal Circuit...more

Status Updates - October 2014 #5

..Big Brother isn’t just watching. A single mother in upstate New York was surprised to find that she had a Facebook page in her name, complete with photos of her, her son, and her niece. She hadn’t actually set up the page....more

Advertising Law - Oct 2014

FTC Mows Down Astroturfing at Yahoo - The Federal Trade Commission has closed an investigation into “astroturfing” by Yahoo employees and declined to take enforcement action because of the limited number of workers...more

Fiduciary Access to Digital Assets and Accounts

Traditionally, a person’s most valuable assets to be distributed upon death consisted of tangible items such as real property, cash, jewelry and personal effects of sentimental value like photographs and letters. However, the...more

Patent Law Developments: Indefiniteness and Damages

Interval Licensing v. AOL, Inc. (Fed. Cir. 2014)- The Court of Appeals for the Federal Circuit’s opinion in Interval Licensing v. AOL, Inc. is the first case interpreting the general (and highly criticized) standard...more

Emerging Technologies Push the Boundaries of Privacy Law

As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more

On a Plain and Ordinary Meaning of “Embedded” Code in a Web Page

Augme Techs., Inc. v. Yahoo! Inc. - Addressing a district court’s construction of the claim term “embedded” code as code “written into the HTML code of the web page” and the related summary judgment of non-infringement...more

Southern District Opinion Allows Seizure of Emails From Host Provider With Minimal Showing of Probable Cause

A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple...more

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