On January 14, 2025, the Department of Justice (DOJ) sued private equity giant KKR & Co. (KKR) for numerous violations of antitrust law, alleging that KKR repeatedly violated its obligations to provide information on its...more
1/17/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Violations ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Notice Requirements ,
Premerger Notifications ,
Private Equity ,
Threshold Requirements
On January 8, 2025, Massachusetts Governor Maura Healey signed House Bill 5159 (H.5159), “An Act Enhancing the Market Review Process” (the “Act”), which, among other things, broadens the scope of the state’s existing...more
1/15/2025
/ Acquisitions ,
Change in Control ,
Compliance ,
Corporate Practice of Medicine ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare ,
Investors ,
Material Change Doctrine ,
Private Equity ,
Private Equity Firms ,
Regulatory Requirements ,
State Attorneys General
On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a rule banning most post-employment non-competition agreements (the “FTC Rule”). Since its promulgation, the FTC Rule has been subject to legal challenges....more
7/8/2024
/ Anti-Competitive ,
Compliance ,
Effective Date ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Pending Litigation ,
Preliminary Injunctions ,
Section 5
Key Takeaways -
..Requires parties to provide notice to the Vermont Attorney General (“VT AG”) for transactions involving Vermont hospitals that are acquiring medical practices.
..The parties must provide 90 days...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Parties must obtain approval from the Rhode Island Attorney General (“RI AG”) and Department of Health (“DOH”) for certain transactions involving Rhode Island hospitals.
..Under the statute, the RI...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the New York Department of Health (“NYDOH”) of certain transactions involving “health care entities”.
..The parties must provide 30 days notice before closing to...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to seek approval from the Oregon Health Authority (“OHA”) for certain healthcare mergers, acquisitions, affiliations and other transactions involving “health care entities”.
..Under...more
Key Takeaways -
..Requires parties to provide notice to the Washington Attorney General (“WA AG”) for certain transactions involving hospitals, hospital systems, and provider organizations, as well as transactions...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Minnesota Department of Health (“MDH”) and the Minnesota Attorney General (“MN AG”) to determine whether certain mergers, acquisitions, purchases, or sales...more
6/20/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Nevada Attorney General (“NV AG”) for certain transactions involving “group practices” or “health carriers” in the state.
..The parties must provide notice...more
6/20/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Connecticut Attorney General (“CT AG”) for certain transactions involving Connecticut group practices, as well as transactions involving a hospital, hospital...more
6/19/2024
/ Acquisitions ,
Affiliated-Business Arrangements ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements -
On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more
5/24/2023
/ Acquisitions ,
Amazon ,
Antitrust Investigations ,
Antitrust Provisions ,
Appeals ,
Certificates of Public Advantage (COPAs) ,
Competition ,
Compliance ,
Corporate Practice of Medicine ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
No-Poaching ,
Policy Statement ,
Popular ,
Wage-Fixing