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DOJ and FTC Provide Guidance on Expedited COVID-19 Impacted Business Collaboration Review

Businesses in various industries, particularly healthcare, are considering ways to work together in responding to the crisis caused by COVID-19 in the United States. Although cooperative efforts among competitors merit...more

No-Poach, No-Solicit Provisions of Corporate Agreements Now Face Criminal Prosecution

A nearly ubiquitous element of corporate conduct, thought to be legal and competitively harmless, now faces the prospect of criminal prosecution by the U.S. Department. of Justice, Antitrust Division (“Division”). On April 3,...more

Tools for Targets of Activist Investors

A recent interpretation by the staff of the U.S. Securities and Exchange Commission (“SEC”) of the beneficial ownership reporting rules under the Securities Exchange Act and the recent settlement of a lawsuit by the U.S....more

Record Setting Fine for Violation of HSR Reporting Requirements

On July 12, 2016, the U.S. Department of Justice Antitrust Division (Antitrust Division) announced that it reached a settlement with ValueAct, and its related companies (ValueAct), of alleged violations of the...more

The Myth of H.S.R.

The transaction has been in the works for several months and it is the culmination of nearly a year’s worth of activity. The financing is in place, the boards have approved the transaction, the shareholder votes are scheduled...more

The Yates Memo and Antitrust Enforcement

On March 1, 2016 a memorandum prepared by Department of Justice Deputy Attorney General Sally Quillian Yates as part of the Department’s revamping of its overall corporate cooperation credit program took on a whole new...more

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