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Threshold Requirements

Dechert LLP

Illumina/Grail: EU Court overturns approach to “killer acquisitions”

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In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...more

K&L Gates LLP

Australian Government Proposes Monetary and Market Share Thresholds for Mandatory Merger Clearance Regime

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The Australian Government (the Government) opened consultation on Australia’s proposed merger notification thresholds. The Consultation Paper proposes a notification regime that consists of four different thresholds—two based...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions....more

Latham & Watkins LLP

European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

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The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more

Cooley LLP

Hammon v. UCL: Group Litigation Order Denied in Favour of English Court’s Case Management Powers

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In David Hammon and Others v. University College London, the High Court of Justice found that the threshold requirements for making a group litigation order (GLO) had been met but decided that the court’s general case...more

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

Goodwin on

On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

WilmerHale

Two Negatives Don’t Make a Positive: European Court Rules that European Commission Cannot Review Mergers That Are Not Reportable...

WilmerHale on

In a landmark decision, the European Court of Justice (ECJ) has limited the European Commission’s (EC) ability to review mergers that fall outside thresholds at the EC level and in the Member States seeking to refer the...more

Lowenstein Sandler LLP

SEC Issues Final Rule to Modify Section 3(c)(1) Investment Company Act Exemption for Certain Private Funds

On August 21, 2024, the U.S. Securities and Exchange Commission (SEC) adopted a rule (Final Rule) that will increase the threshold for what is considered a “qualifying venture capital fund” from $10,000,000 to $12,000,000....more

Alston & Bird

European Court of Justice Quashes the European Commission’s Policy to Declare Jurisdiction over Below-Threshold Mergers

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Our EU Antitrust Team discusses the European Court of Justice’s decision that restricts the European Commission’s jurisdiction to review below threshold mergers....more

Mayer Brown

Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

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With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

White & Case LLP

Australia’s proposed mandatory merger notification thresholds announced

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On Friday 30 August 2024 the Australian Government released its much-anticipated proposed mandatory merger notification thresholds, marking a significant milestone in Australia’s shift to a mandatory merger regime. The...more

HaystackID

July 2024 HSR Transaction Update

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The landscape of mergers and acquisitions (M&A) continues to evolve, influenced by economic shifts and regulatory frameworks. For eDiscovery professionals, staying abreast of these changes is essential for providing timely...more

Cooley LLP

HSR Considerations for Secondary Sales of Private Company Stock

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While investors generally are aware that mergers and acquisitions can require antitrust filings in the United States under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act), they are sometimes surprised to learn that...more

Akerman LLP

What You Should Know: Q&A Covering the Hart-Scott-Rodino Antitrust Improvements Act Of 1976, 15 U.S.C. § 18a

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What is the Hart-Scott-Rodino (HSR) Act? The HSR Act revamped the Federal government’s review of mergers and acquisitions to require premerger notification of transactions of a certain size and character and implemented a...more

Proskauer - Regulatory & Compliance

Countdown has begun for ESMA’s ESG Fund Name Guidelines

ESMA has translated their Guidelines on ESG-related fund names, which has started the clock for applicability. For information on the asset allocation thresholds and the exclusionary criteria, alongside the funds in scope and...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Considers Whether Labor Department Has Authority to Require Minimum Salary for Exemptions

The Department of Labor’s decision to significantly increase the minimum salary required to claim the so-called white-collar exemptions from federal overtime requirements has prompted legal challenges from employers. ...more

Littler

State Laws Complicate Salary Requirements for Exempt Employees

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With the U.S. Department of Labor’s recent increases to the minimum salary or fee amount for certain exempt employees, many employers are reviewing the exemption status of their employees. In doing so, employers should be...more

Gibney Anthony & Flaherty, LLP

USCIS Makes Updates to Guidance and Increases Investment and Revenue Thresholds for the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) provided updated guidance on the eligibility requirements for the International Entrepreneur Rule (IER). Starting on October 1, 2024. USCIS will increase investment and...more

Benesch

Increased Salary Thresholds for Exempt Employees Under the Fair Labor Standards Act Now Effective

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As we previously reported, the Department of Labor (“DOL”) issued a Final Rule adjusting the minimum annual salary that an employee must be paid to qualify for the executive, administrative, and professional (“EAP”)...more

Mintz - Immigration Viewpoints

USCIS Announces Adjustments to Thresholds in International Entrepreneur Parole Rule

US Citizenship and Immigration Services (USCIS) published a final rule adjusting the investment and revenue thresholds for International Entrepreneur Parole program (IEP) eligibility, effective October 1, 2024. The IEP...more

Venable LLP

An Independent School’s Guide to the New DOL Overtime Rule

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In a 2024 Final Rule, the Department of Labor (DOL) announced that it would be increasing in two phases the salary threshold for employees to be exempt from overtime....more

Bricker Graydon LLP

DOL Overtime Rules and Institutions of Higher Education - Where Are We, What’s Next, and What Can We Do?

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After much nail biting and wondering when to jump the train track, on July 1, 2024, the new overtime thresholds for non-exempt employees went into effect for everyone – outside of Texas. Now the rest of us are subject to the...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 2, July 2024

Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence,...more

Latham & Watkins LLP

Tax Court to Consider Relevancy Threshold for Economic Substance Doctrine Under Section 7701(o)

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The Tax Court has invited amicus briefs and will address the codified meaning of the economic substance doctrine after increased IRS use of the doctrine to challenge taxpayer transactions. In a July 19, 2024, order in...more

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