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Comment Period Acquisitions

Clark Hill PLC

Department of Defense opens comment period on major changes to defense contracting for small businesses

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On July 9, the U.S. Department of Defense (DoD) provided notice of a 30-day comment period for proposed regulations designed to modernize its acquisition process. This is a critical window for small businesses to directly...more

Maynard Nexsen

SBA Publishes Major Rule Change: Heeding Input, the Administration Clarifies and Refines M&A-Related Rules to Ease Concerns

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In August, the Small Business Administration ("SBA") issued a proposed rule that included significant and sweeping changes to its regulations, including to its rules on joint ventures, mentor-protégé, HUBZones, and others....more

Maynard Nexsen

FAR Council Issues Proposed Rule to Adjust Acquisition-Related Thresholds for Inflation

Maynard Nexsen on

On November 29, 2024, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (together, the "FAR Council") issued a proposed rule to adjust for inflation several...more

Holland & Knight LLP

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

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The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more

Maynard Nexsen

SBA Proposes Rule That Will Change M&A Landscape for Small Business, Recertifications to Impact Award Eligibility

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The Small Business Administration ("SBA") recently issued a proposed rule that changes the effect of a concern's size recertification following mergers and acquisitions ("M&A") activity. Notably, the proposed rule is...more

Troutman Pepper Locke

The Evolution of the FTC and DOJ Continues: Agencies Seek Public Comment on Draft Merger Guidelines

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The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued new draft Merger Guidelines on July 19. The draft Merger Guidelines were created with the goal "to better reflect how the agencies...more

Smith Anderson

FTC Proposes Major Expansion and Revision of HSR Rules and Form

Smith Anderson on

On June 27, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) released proposed changes to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR” or the “Act”) premerger notification...more

WilmerHale

FTC and DOJ Propose Sweeping Changes to HSR Notification Form: Convergence and Intensifying Idiosyncrasy

WilmerHale on

For the first time in 45 years, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) proposed on June 27, 2023, a massive overhaul of the Hart-Scott-Rodino Act (HSR) pre-merger...more

Eversheds Sutherland (US) LLP

FTC and DOJ propose substantial changes to Hart-Scott-Rodino Notification Form for first time in its history

On June 27, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ, and together with the FTC, the Agencies) announced proposed changes to the premerger notification filing...more

Holland & Knight LLP

UPDATE: Proposed New York "Material Transaction" Review Law Scaled Back

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In a prior blog post, we summarized proposed legislation that would have conferred upon the New York State Department of Health (DOH) the authority to review and approve "material transactions" involving a "health care...more

Holland & Knight LLP

Treasury Department's First Repurchase Excise Tax Guidance Contains Rotten "Easter Eggs"

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The U.S. Department of the Treasury and IRS intend to issue proposed regulations addressing application of a new excise tax on repurchases of corporate stock under Section 4501 of the Internal Revenue Code (Code). Section...more

Goodwin

President Biden Issues Sweeping Executive Order on Promoting Competition in the American Economy

Goodwin on

In This Issue. President Joe Biden issued a sweeping executive order aimed at cracking down on anticompetitive practices and reducing consolidation across multiple industry sectors, including financial services; the Federal...more

Goodwin

Financial Services Weekly Roundup: The OCC Proposes New Rulemaking And Changes To Address Innovation And Consumer Needs

Goodwin on

In This Issue. The Office of the Comptroller of the Currency (OCC) released an advanced notice of proposed rulemaking seeking comments on several issues related to digital technology and innovation, as well as proposed...more

Epstein Becker & Green

A New Antitrust “Safety Zone” for Vertical Mergers

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The U.S. Department of Justice and the Federal Trade Commission (collectively, “Agencies”) recently released for public comment their much-anticipated draft Vertical Merger Guidelines (“Guidelines”) that purport to “outline...more

Jones Day

Antitrust Alert: U.S. Antitrust Agencies Issue First Vertical Merger Guidelines in 35 Years

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Last week, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") issued draft Vertical Merger Guidelines. Vertical mergers combine two or more companies operating at different levels of a supply chain...more

Foley & Lardner LLP

FTC and DOJ Issue Draft Vertical Merger Guidelines

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On January 10, 2020, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released for public comment draft Vertical Merger Guidelines. Vertical mergers are those that combine companies...more

Perkins Coie

US DOJ and FTC Propose Vertical Merger Guidelines

Perkins Coie on

The U.S. Department of Justice and U.S. Federal Trade Commission published proposed vertical merger guidelines (vertical guidelines) on January 10, 2020. These are designed to increase the transparency of the agencies'...more

WilmerHale

IRS Issues Proposed Regulations Under Code Section 162(m)

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The 2017 Tax Cuts and Jobs Act (TCJA) significantly amended Internal Revenue Code Section 162(m), which generally disallows the deduction of compensation in excess of $1 million paid by a “publicly held corporation” to a...more

King & Spalding

SEC Proposes Amendments to Financial Disclosures for Acquisitions and Dispositions

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On May 3, 2019, the Securities and Exchange Commission (“SEC”) proposed amendments to the financial disclosure requirements in Rules 3-05, 3-14 and Article 11 of Regulation S-X governing acquisitions and dispositions of...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposed Regulations – Evolution Toward Broad Foreign Investment Screening Continues Apace

The Committee on Foreign Investment in the United States (CFIUS) has published proposed regulations that, when finalized, will...more

Vedder Price

SEC Proposes Amendments to Financial Reporting Rules for Business Combination Transactions Involving Investment Companies

Vedder Price on

On May 3, 2019, the SEC issued a proposal to amend certain rules and forms relating to required financial disclosures in business combination transactions involving investment companies. First, the proposal would...more

Proskauer Rose LLP

SEC Proposes Rule Changes with Potential Benefits for REITs, Funds, and Business Development Companies

Proskauer Rose LLP on

The Securities and Exchange Commission ("SEC" or "Commission") recently proposed a number of changes to Regulation S-X and related rules and forms that could significantly streamline the requirements for filing financial...more

A&O Shearman

SEC Proposes Improvements to Acquired Business Financial Statement Requirements

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On May 3, 2019, the SEC proposed for public comment amendments to its rules related to the financial statements required to be disclosed by SEC reporting companies or in IPOs in connection with an acquisition or disposal of a...more

Mayer Brown Free Writings + Perspectives

SEC Proposes to Improve Disclosures Relating to Acquisitions and Dispositions of Businesses

As part of the Disclosure Effectiveness initiative, the Securities and Exchange Commission proposed amendments to address the financial disclosure requirements in connection with acquisitions and dispositions. The SEC...more

Sheppard Mullin Richter & Hampton LLP

What Say You, New York? Now that Federal Antitrust Regulators Have Approved CVS’s Proposed Acquisition of Aetna, Attention Turns...

During a public hearing in New York City on Thursday, October 18, 2018, New York State regulators, including Superintendent Maria Vullo of the New York State Department of Financial Services (“DFS”), threatened to block CVS...more

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