The size-of-transaction threshold under the Hart-Scott-Rodino Act will increase to $119.5 million, and the largest filing fee will increase to $2.335 million.
As a result of the increase in the U.S. Gross National Product...more
DOJ recently withdrew three antitrust policy statements that had provided guidance for information sharing by competitors
Companies that participate in an information exchange should share sensitive information only with...more
Size-of-transaction threshold under the Hart-Scott-Rodino Act will increase to $111.4 million.
As a result of the substantial increase in the U.S. Gross National Product (GNP) for 2022, the Federal Trade Commission (FTC)...more
A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022.
Governance -
Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022)...more
1/18/2023
/ Anti-SLAPP ,
Appeals ,
Breach of Contract ,
Certifications ,
D&O Insurance ,
Declaratory Judgments ,
Defamation ,
Duty to Defend ,
Fiduciary Duty ,
Injunctive Relief ,
IRS ,
Liability ,
Nonprofits ,
NY Supreme Court ,
Sovereign Immunity ,
Trial Court Orders
New legislation lowers HSR filing fees for most transactions valued less than $500 million but increases the fees for transactions valued at or above $500 million, while introducing a new requirement to disclose subsidies...more
1/9/2023
/ Antitrust Provisions ,
Blocked Person ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Foreign Entities ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
SDN List
cSize-of-transaction threshold under Hart-Scott-Rodino Act will increase to $101 million in Federal Trade Commission’s largest threshold increase ever.
As a result of the increase in the U.S. Gross National Product (GNP)...more
A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021.
Antitrust Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 &...more
12/30/2021
/ Antitrust Violations ,
Blue Cross ,
Blue Shield ,
Defend Trade Secrets Act (DTSA) ,
Fiduciary Duty ,
Infectious Diseases ,
Lanham Act ,
Negligence ,
Popular ,
Public Records Act ,
RICO ,
Sherman Act ,
TCPA
Advance planning in light of the proposed tax law changes included in the For the 99.5 Percent Act, STEP Act and the Biden Administration’s Green Book.
Proposed tax law changes introduced this year provide valuable insight...more
6/25/2021
/ Biden Administration ,
Charitable Donations ,
Estate Tax ,
Generation-Skipping Transfer ,
Gift Tax ,
Grantor Retained Annuity Trusts (GRATs) ,
Green Book ,
Internal Revenue Code (IRC) ,
Proposed Legislation ,
Tax Planning ,
Trusts
Size-of-transaction threshold under Hart-Scott-Rodino Act will decrease to $92 million; the first threshold decrease since 2010.
As a result of the decrease in the U.S. Gross National Product for 2020 due to the COVID-19...more
A review of key legal developments for nonprofit organizations at the federal and state levels in 2019 and 2020.
Antitrust enforcement continues against nonprofits.
Nonprofits have litigated in other areas, including...more
1/4/2021
/ Anti-Competitive ,
Board of Directors ,
Breach of Contract ,
CARES Act ,
Certification Requirements ,
Class Action ,
Department of Justice (DOJ) ,
Failure To State A Claim ,
False Advertising ,
First Amendment ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internal Revenue Code (IRC) ,
IRS ,
Lanham Act ,
Motion to Dismiss ,
Nonprofits ,
Opioid ,
Paycheck Protection Program (PPP) ,
Price-Fixing ,
RICO ,
SBA ,
Sherman Act ,
Trade Associations ,
Unjust Enrichment
Depending on size and tax-exemption status, nonprofit organizations may be eligible for federal relief.
Nonprofit organizations can qualify for financial relief under certain provisions of the CARES Act, which is designed to...more
4/10/2020
/ Affiliated-Business Arrangements ,
Affiliates ,
Board of Directors ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Electronic Records ,
Employee Retention ,
Executive Compensation ,
Federal Loans ,
Financial Stimulus ,
Health Insurance ,
Lenders ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Shareholders ,
Shelter-In-Place ,
Small Business ,
Social Distancing ,
Stocks ,
Tax Relief
Force majeure and other important considerations for nonprofits.
Nonprofit organizations should carefully review their event contracts before deciding whether to cancel due to COVID-19, in order to ascertain potential...more
Size-of-transaction threshold under Hart-Scott-Rodino Act will increase to $94 million.
On February 27, 2020, revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) will take effect. The...more
1/29/2020
/ Acquisitions ,
Antitrust Division ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
A review of key legal developments for nonprofit organizations at the federal and state levels in 2018 and 2019.
Antitrust enforcement continues against nonprofits.
...more
12/30/2019
/ 501(c)(3) ,
Antitrust Violations ,
Campaign Contributions ,
Certifications ,
Corporate Governance ,
Federal Election Commission (FEC) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internal Revenue Code (IRC) ,
Nonprofits ,
PACs ,
State Labor Laws ,
State Law Tort Claims
New strike force to deter, detect, investigate and prosecute government procurement antitrust crimes.
The new Procurement Collusion Strike Force will focus on antitrust crimes, such as bid-rigging conspiracies and related...more
11/15/2019
/ Anticompetitive Behavior ,
Antitrust Violations ,
Collusion ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
FBI ,
Federal Contractors ,
Fraud ,
Public Procurement Policies ,
State Contractors ,
U.S. Attorney
Size-of-transaction threshold under Hart-Scott-Rodino Act will increase to $90 million.
On April 3, 2019, revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) will take effect. The...more
3/5/2019
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Talone settlement highlights the continuing risk nonprofit organizations face if they link membership to credentialing.
- Antitrust class action targeted American Osteopathic Association’s practice of requiring physicians...more
8/21/2018
/ Antitrust Violations ,
Business Associations ,
Certification Requirements ,
Class Action ,
Consumer Fraud ,
Illegal Tying Arranegements ,
Membership Agreements ,
Motion to Dismiss ,
Osteopathic Physicians ,
Physicians ,
Sherman Act ,
State Medical Board
A review of key legal developments at the federal and state levels for nonprofit organizations -
Federal government and private antitrust enforcement continues against nonprofits. ...more
7/5/2018
/ 501(c)(4) ,
501(c)(6) ,
Antitrust Investigations ,
Articles of Incorporation ,
Association Health Plans ,
Board of Directors ,
Bylaws ,
Competition ,
Employee Retirement Income Security Act (ERISA) ,
Federal Trade Commission (FTC) ,
Franchise Taxes ,
Gross Negligence ,
Health Care Providers ,
Homeowners Association (HOA) ,
IRS ,
Mismanagement ,
Nonprofits ,
Personal Jurisdiction ,
Sherman Act ,
Trade Associations
Size-of-Transaction Threshold Will Increase to $84.4 Million -
On February 28, 2018, revised thresholds for the Hart-Scott-Rodino Act (HSR) will take effect. The thresholds determine whether parties involved in proposed...more
1/31/2018
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
There have been important legal developments at the federal and state levels for nonprofit organizations. -
Takeaways
- Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more
9/15/2017
/ 501(c)(3) ,
Anti-Tying ,
Antitrust Investigations ,
Breach of Duty ,
CASL ,
Corporate Dissolution ,
Cy Pres Funds ,
Disclosure Requirements ,
Embezzlement ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Human Resources Professionals ,
Insolvency ,
IP License ,
No-Poaching ,
Non-Solicitation Agreements ,
Nonprofits ,
Osteopathic Physicians ,
Political Contributions ,
Price-Fixing ,
Professional Associations ,
Sherman Act ,
Trade Associations ,
Ultra Vires
On June 12, 2017, the U.S. District Court for the District of New Jersey denied a motion to dismiss a class action against the American Osteopathic Association (AOA) in Talone v. American Osteopathic Association (No....more
7/19/2017
/ 501(c)(3) ,
Anticompetitive Agreements ,
Antitrust Violations ,
Certification Requirements ,
Class Action ,
Illegal Tying Arranegements ,
Membership Agreements ,
Nonprofits ,
Osteopathic Physicians ,
Popular ,
Sherman Act ,
Trade Associations
On February 27, 2017, revised thresholds for the Hart-Scott-Rodino Act (HSR) will take effect. The thresholds determine whether parties involved in proposed mergers, consolidations, or other acquisitions of voting securities,...more
In a shock to investors and political analysts around the world, Donald J. Trump won the 2016 Presidential election, putting the Republican Party in charge of the White House and Congress for the first time in a decade. Even...more
On February 25, 2016, revised thresholds for the Hart-Scott-Rodino Act (HSR) will take effect. The thresholds determine whether parties involved in proposed mergers, consolidations, or other acquisitions of voting securities,...more
On February 25, 2015, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, holding that a regulatory board made up of market participants is exempt from...more