In a significant development for antitrust practitioners and dealmakers, the U.S. Court of Appeals for the Fifth Circuit denied the Federal Trade Commission’s motion for a stay pending appeal in the long standing litigation...more
District of Columbia to enforce a July 2025 presidential order compelling the divestment of Jupiter Systems – a US company – by the Chinese company Suirui Group. The acquisition was consummated in 2020, and neither Suirui...more
2/12/2026
/ Acquisitions ,
Biden Administration ,
CFIUS ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Direct Investment ,
Jurisdiction ,
National Security ,
Regulatory Oversight
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity. As is our yearly practice, this alert identifies...more
On January 8, 2026, the Federal Communications Commission (FCC) announced a landmark settlement with the Marlink, a satellite and ground station operator, marking the first-ever enforcement of a Team Telecom national security...more
This article is part of a monthly column that considers the significance of recent Federal Trade Commission announcements about antitrust issues. This installment checks in on the Trump FTC's progress on merger enforcement on...more
The Federal Trade Commission (“FTC”) released a shutdown plan dated September 29, 2025, outlining how it will operate during this lapse in appropriations.
FTC Commissioners are presidential appointees and are excepted...more
Motivated by a rapidly evolving geopolitical climate, governments around the globe have increasingly scrutinized and intervened in transactions under foreign direct investment (FDI) screening regimes in recent years. Rising...more
The U.S. Department of the Treasury (“Treasury”) has been active in the context of the Committee on Foreign Investment in the United States’ (“CFIUS”) and the Outbound Investment Security Program (“OISP”). The main updates...more
Positive Development for Investors from Allied Nations -
In a further solidification of the Administration’s efforts to isolate identified adversaries and strengthen U.S. leadership key strategic technologies, the...more
4/18/2025
/ CFIUS ,
China ,
Executive Orders ,
Foreign Investment ,
Investment ,
National Security ,
Popular ,
Regulatory Reform ,
Technology Sector ,
Trump Administration ,
US Trade Policies
Proskauer’s Practical Guide to the Regulation of Hedge Fund Trading Activities offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It...more
4/10/2025
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Hedge Funds ,
Investors ,
Mergers ,
Pre-Merger Filing Requirements ,
Reporting Requirements ,
Securities Exchange Act of 1934 ,
Stocks ,
The Clayton Act
This article is part of a monthly column that considers the significance of recent Federal Trade Commission announcements about antitrust issues. In this installment, we discuss notable takeaways from the agency's recent...more
2/7/2025
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Compliance ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Mergers ,
Purchase Agreement
The devastating January 2025 wildfires in southern California prompted Governor Newsom to declare a state of emergency on January 7, 2025 for Los Angeles and Ventura counties. This triggered California laws around price...more
1/29/2025
/ California ,
Compliance ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Price Gouging ,
State and Local Government ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing ,
Wildfires
Primary HSR Filing Threshold will be Increased to $126.4 Million -
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior...more
1/23/2025
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Premerger Notifications ,
Private Equity ,
Reporting Requirements ,
Rulemaking Process ,
The Clayton Act ,
Threshold Requirements
On October 28, 2024, the U.S. Department of the Treasury (Treasury) issued final regulations (“Final Rule”) implementing Executive Order 14105, which addresses investments by U.S. persons in certain identified technologies in...more
11/15/2024
/ Artificial Intelligence ,
Automation Systems ,
CFIUS ,
China ,
Civil Rights Act ,
Disclosure Requirements ,
Divestment ,
Executive Orders ,
Final Rules ,
Foreign Direct Investment ,
Investment ,
Notification Requirements ,
Penalties ,
Semiconductors ,
Software ,
Technology ,
U.S. Treasury ,
Voluntary Disclosure
The Federal Trade Commission (“FTC” or the “Commission”) has announced a final rule (the “Final Rule”) significantly expanding the premerger notification and reporting requirements under the Hart‑Scott‑Rodino Antitrust...more
10/23/2024
/ Acquisitions ,
American Bar Association (ABA) ,
Antitrust Provisions ,
Competition ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Documentation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Minority Shareholders ,
NAICS ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
OSHA ,
Popular ,
Pre-Merger Filing Requirements ,
Reporting Requirements ,
Transparency ,
Wage and Hour
The Federal Trade Commission (“FTC”) has announced a final rulemaking on a unanimous vote that will expand the reporting requirements for mergers and acquisitions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976...more
U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare.
On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more
8/2/2024
/ Acquisitions ,
Antitrust Provisions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Investment ,
Mergers ,
Popular ,
Private Equity ,
Sherman Act ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
The U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), has announced a proposed rule to expand CFIUS’s jurisdiction over real estate transactions by...more
7/23/2024
/ CFIUS ,
China ,
Civil Monetary Penalty ,
Compliance ,
FIRRMA ,
Foreign Investment ,
Investment ,
Jurisdiction ,
Real Estate Market ,
Technology Sector ,
U.S. Treasury
With an eye towards preserving and expanding the gatekeeper role in national security, the Committee on Foreign Investment in the United States (CFIUS) has issued proposed rules to strengthen enforcement....more
The U.S. Department of Justice (“DOJ”) recently announced the creation of the Health Care Monopolies and Collusion Task Force (the “HCMC Task Force”) aimed at resolving antitrust issues in the health care industry. ...more
5/23/2024
/ Antitrust Division ,
Collusion ,
Data Protection ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Investigations ,
Monopolization ,
Patients ,
Private Equity ,
Technology
Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more
4/26/2024
/ Antitrust Provisions ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Healthcare ,
Robinson-Patman Act ,
Sherman Act ,
The Clayton Act
The Federal Trade Commission's Bureau of Competition and the U.S. Department of Justice Antitrust Division earlier this year released a joint statement reiterating document preservation obligations for companies and...more
4/11/2024
/ Antitrust Division ,
Antitrust Litigation ,
Department of Justice (DOJ) ,
Document Preservation Notices ,
Electronic Communications ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Guidance Update ,
Hart-Scott-Rodino Act ,
Instant Messaging Apps ,
Pre-Merger Filing Requirements ,
Slack ,
Text Messages
Proskauer’s Hedge Fund Trading Guide offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It is written not only for lawyers, but also...more
Implications for CFIUS Reporting and Review -
The Executive Branch, through the National Science and Technology Council and the National Security Council, committed in 2020 to identify that are potentially significant to...more
3/1/2024
/ Artificial Intelligence ,
Automation Systems ,
CFIUS ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Emerging Technology Companies ,
Infrastructure ,
National Security ,
Robotics ,
Semiconductors ,
Supply Chain ,
Technology Sector
In April 2023, we published an overview of the BE-12, a benchmark survey conducted every five years by the Department of Commerce’s Bureau of Economic Analysis (“BEA”) to gather information about foreign direct investment in...more