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Seyfarth Shaw LLP

Federal Court Denies Dealer Challenge To OEM Internet Sales Policy - Seyfarth's Future of Automotive Series

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A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between...more

Goodwin

How to Navigate Deal Delays and Completion Uncertainty in an Era of Heighted Deal Complexity and Prolonged Interim Period

Goodwin on

Prolonged or failed M&A transactions can tie up capital, increase transaction costs, and delay returns of exit proceeds. Managing the interim period between signing and closing is increasingly critical in M&A transactions,...more

Foley & Lardner LLP

Navigating Non-Compete Agreements: Key Considerations for In-House Counsel in Franchise Businesses

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In May of last year, the Federal Trade Commission (FTC) sought to ban non-compete agreements in most employment contracts. Franchise agreements were an exception. However, before the rule could take effect in September, a...more

Womble Bond Dickinson

Safeguarding CRE Companies: Navigating Risks in Revenue Management Software Agreements

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In the wake of the DOJ’s pending antitrust lawsuits, CRE companies should include several protections in their vendor agreements that involve the use of revenue management software. This article provides tips to mitigate...more

Brownstein Hyatt Farber Schreck

California’s New Requirements for Buyer-Broker Representation Agreements

As of Jan. 1, 2025, California law mandates a written buyer-broker representation agreement for buyer’s brokers to receive a commission in real property sales. The new law applies to sales of all property types, including...more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

Goodwin

The General Court of the European Union Annuls a €1.5 Billion Fine Against Google AdSense

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In its 18 September 2024 ruling, the General Court of the European Union annulled the €1.5 billion fine that the European Commission had imposed on Google in 2019 for allegedly abusing its dominant position in online search...more

Ballard Spahr LLP

U.S. Regulatory Hurdles for a PGA/PIF Merger

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The PGA Tour announced that it had, along with the DP World Tour, entered into a Framework Agreement with the Public Investment Fund of the Kingdom of Saudi Arabia (PIF) to create “a global golf partnership.” While the...more

Barnea Jaffa Lande & Co.

Merging without Approval: Strauss Group Might Pay ILS 111 million

The Israel Competition Authority’s Director General recently announced that, subject to a hearing, she intends to rule that Strauss and Wyler Farm violated the Economic Competition Law and implemented a merger that could harm...more

K&L Gates LLP

Pricing and Selling of Essential Services, Greenwashing, Unfair Contract Terms, Among the ACCC's 2023-24 Compliance and...

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The Australian Competition and Consumer Commission (ACCC) Chair, Gina Cass-Gottlieb, has outlined the Commission's ambitious compliance and enforcement priorities for 2023-24....more

Latham & Watkins LLP

Rise in Transatlantic Transactions Puts M&A Deal Terms in Focus

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More US buyers — and more buyer-friendly deal terms — are entering the seller-friendly UK market, although the picture is increasingly nuanced. Whilst global M&A deal volumes have dipped at the start of Q1 2023, UK-bound...more

Barnea Jaffa Lande & Co.

Doing Business in Israel through Agents and Distributors

Most international companies prefer operating in Israel through domestic business partners, rather than setting up their own local operation. Such local partners – distributors or agents – assume all or a portion of the local...more

Dorsey & Whitney LLP

Hell-or-High-Water Clauses in Uncertain Regulatory Times

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​​​​​​​In a deal market as uncertain as this one, we have seen transactional lawyers more frequently resorting to pushing what are known as “hell or high water” clauses - clauses that obligate parties to take “any and all...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Chair Khan Highlights Key Policy Priorities Going Forward, but Aggressive Agenda Faces Uphill Climb

In a September 22, 2021, memorandum to staff, Federal Trade Commission (FTC) Chair Lina Khan formally laid out her “Vision and Priorities for the FTC,” reaffirming her calls for broad antitrust enforcement organized around...more

Proskauer - Minding Your Business

Retail Marketers’ Antitrust Settlement Raises the Question: When Are Exclusive “Staggered” Contracts Anticompetitive?

If you ever noticed a coupon dispenser or colorful cardboard display while walking down the aisle of your local supermarket, there is a good chance it was put there by News Corp.’s News America Marketing (NAM) – in-store...more

Cadwalader, Wickersham & Taft LLP

7-Eleven/Speedway: Bumps on the Road to Closing: Are Conventional Closing Conditions Sufficient to Protect Buyer Interests?

In an extraordinary, perhaps unprecedented, action, parties to a proposed deal that had been under investigation for about nine months closed the transaction almost immediately upon expiration of the Hart-Scott-Rodino (“HSR”)...more

Morgan Lewis

UK Takeover Panel Consults on Major Changes to UK Takeover Code

Morgan Lewis on

Proposed changes to the UK Takeover Code include simplifying and adding flexibility to the timetable applicable to contractual offers, as well as making offer conditions relating to antitrust clearances subject to the same...more

McDermott Will & Emery

[Webinar] Managing M&A Opportunities and Risk for Japanese Investors During COVID-19 and Beyond - June 4th, 7:00 am - 8:00 am CEST

The COVID-19 pandemic is bringing unprecedented disruption to the global M&A market. Even in today’s uncertain environment, however, certain deals are still moving forward. To usher existing agreements to successful...more

Robins Kaplan LLP

What Now? Addressing A Crisis Of Complexity Resulting From A Hardening D&O Insurance Market

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Following several quarters of double-digit rate hikes and increased retentions, the hardening marketing for directors and officers (D&O) liability insurance is adjusting to a “new normal” of increasing exposures, claims, and...more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Seyfarth Shaw LLP

A Solution in Search of a Problem? FTC Hosts Workshop to Consider Authority to Abolish Non-Competes

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Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

Hogan Lovells on

On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

Orrick - Trade Secrets Group

FTC Holds Workshop Examining Potential for Regulation of Non-Compete Agreements

After a busy year for non-compete regulation at the state level, the Federal Trade Commission (FTC) held a public workshop last Thursday in Washington D.C. to examine the legal basis and economic support for a contemplated...more

Kramer Levin Naftalis & Frankel LLP

Aumento dei prezzi e forza maggiore: quanto è importante scrivere correttamente le clausole dei vostri contratti

Con parere n. 19-9 del 25 ottobre 2019, la Commission d’examen des pratiques commerciales (la "CEPC") ovvero la Commissione francese per la valutazione delle pratiche commerciali, che ha il compito di vigilare sull’equilibrio...more

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