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FTC Updates 2024 Thresholds for HSR and Interlocking Directorates

The Federal Trade Commission announced that as of February 23, 2024, the reporting thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of...more

A Record-Breaking Year of Mergers and Acquisitions

On February 10, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) released the 44th Hart-Scott-Rodino Annual Report, which surveys fiscal data and trends in the agencies' jointly administered...more

CFIUS Increases the Stakes with New Enforcement and Penalty Guidelines

The Committee on Foreign Investment in the United States ("CFIUS" or "the Committee") has done it again: It has given parties reviewing their CFIUS compliance obligations another tool to assist their evaluation process by...more

CFIUS Filing Considerations in Light of E.O. 14083 and CFIUS's 2021 Annual Report

Heading into 2023, U.S. companies in search of foreign investors and foreign parties considering investments in U.S. enterprises have new tools available to assist in their deliberations whether the Committee on Foreign...more

FTC Raises HSR Filing Thresholds and First Quarter 2022 Antitrust Updates

On January 24, 2022, the Federal Trade Commission (FTC) announced it would raise the thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of...more

"Team Telecom" to Review Foreign Participation in U.S. Telecommunications Services Sector; FCC Calls for Comments on Proposed...

The Executive Order is one of many actions that reflect heightened scrutiny of China's participation in U.S. telecommunications and technology sectors - Last month, President Trump issued an Executive Order on Establishing...more

Update on U.S. Merger Review Procedures During COVID-19

The Federal Trade Commission's Premerger Notification Office (PNO) announced that, effective Monday, March 30, the PNO and Department of Justice Antitrust Division (DOJ) will resume the practice of granting early termination...more

Price Gouging and Other Pricing Issues During the COVID-19 Pandemic

Our country is facing critical shortages of supplies that are essential to the fight against COVID-19. Hospitals and health systems are struggling to procure the personal protective equipment and ventilators necessary for the...more

Mandatory CFIUS Filing Requirement for Certain Foreign Investments Takes Effect TODAY; Exceptions for Canadian, Australian and...

Department of Treasury Issues Final FIRRMA Regulations - The U.S. Treasury Department has issued final rules (the Regulations) implementing changes to the foreign investment review process administered by the Committee on...more

Proposed HSR Amendment Defines Foreign Person Exemption – Just as CFIUS Broadens Authority to Regulate Transactions with Foreign...

On November 8, 2019, the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division proposed amendments to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) to clarify which...more

Treasury Department Proposes Two CFIUS Rules Implementing FIRRMA

On September 17, 2019, the Department of the Treasury issued two Proposed Rules intended to implement changes made by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) to the Defense Production Act of 1950...more

Visa and Mastercard Obtain Preliminary Approval of Second Attempt at Interchange Settlement

On January 24, 2019, Judge Margo K. Brodie of the U.S. District Court for the Eastern District of New York granted preliminary approval of Visa and Mastercard’s second attempt to settle the 13-year old antitrust litigation...more

New PNO HSR Rule Interpretation Will Change Reportability Requirements for Certain Hospital Transactions

The Federal Trade Commission’s Premerger Notification Office (PNO) recently revised its interpretation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) filing requirements for transactions...more

New CFIUS Regulations Target More Foreign Investments for Review

As part of the 2019 National Defense Authorization Act (“2019 NDAA”), Congress recently enacted significant changes to the process by which the Committee on Foreign Investment in the United States (“CFIUS”) operates as well...more

U.S. Supreme Court Sides with Amex in Landmark Card Case

A divided U.S. Supreme Court sided with American Express Company and American Express Travel Related Services Company (Amex) over Ohio, sixteen other states and the United States based on the Court’s application of the theory...more

Trump Administration Signals Hard Stance on Chinese Investment in Technology

Two recent CFIUS reviews show that the new administration is taking a hard stance on Chinese investment in technology. CFIUS, the Committee on Foreign Investment in the U.S., is an interagency committee that reviews the...more

DOI Secretary Jewell Announces Two Utility-Scale Solar Projects in California and Nevada

Secretary Jewell, of the Department of Interior, announced approval of two utility-scale solar projects located on the California-Nevada border. The Stateline Solar Project will be located in the Mojave Desert in San...more

California Low Carbon Fuel Stanards Survive Ninth Circuit Petition for Rehearing

On January 22nd, the Ninth Circuit Court of Appeals declined petitions to reconsider their decision upholding of enforceability of California’s Low Carbon Fuel Standard (LCFS). The petitions were spearheaded by various trade...more

New HSR Filing Thresholds Take Effect Feb. 24, 2014

The Federal Trade Commission (FTC) has announced an increase in the thresholds that determine whether companies are required to notify federal antitrust authorities under the Hart-Scott-Rodino (HSR) Antitrust Improvements...more

CPUC Mandates Energy Storage

In October 2013, The California Public Utilities Commission (CPUC) responded to the exceptional growth in the state’s demand for solar power with an energy storage mandate – the first of its kind in the US – that requires...more

California Appellate Court Holds That Federal Law Preempts Unfair Competition Law Claims Tied to Organic Label

In a case of first impression in the state courts, a California appellate court delivered an early Christmas present Dec. 23 to beleaguered food and beverage companies facing an avalanche of lawsuits under California’s Unfair...more

BLM Fails to Review Fracking Impacts of Oil & Gas Leases in California

The U.S. District Court in San Jose recently found that the Bureau of Land Management (BLM) failed to adequately review the environmental impacts of fracking on four oil and gas leases it recently auctioned off in the...more

Court Rejects Challenge to California’s Carbon Offsets Program

A California state judge in San Francisco has rejected a challenge to California’s carbon offsets program, ruling that regulators have the authority to include the mechanism in the cap-and-trade program for greenhouse gases....more

Chamber Challenges Today’s GHG Emissions Auction in California

California’s largest business lobby filed a lawsuit yesterday seeking to invalidate California’s first greenhouse gas (GHG) emissions allowance auction scheduled for today....more

11/15/2012
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