Searching Content indexed under M&A/Private Equity by Arnold & Porter ordered by Published Date Descending.
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Investment Fund Family Pays $609k Penalty For Missed HSR Filings Related To Stock Conversions
On August 28, 2019, the Federal Trade Commission (FTC) settled allegations that an investment advisor and three funds it manages failed
United States
10 Sep 2019
ECJ Tightens Buyer's Liability For Antitrust Damages
This article discusses the European Court of Justice's (ECJ) March 14, 2019 ruling (file no. C-724/17) on antitrust liability in M&A transactions.
European Union
9 Sep 2019
One Year Later: Regulators Issue Guidance To Financial Professionals And Firms About The Senior Safe Act
On May 23, 2019, the SEC, NASAA, and FINRA issued a fact sheet to provide guidance to financial professionals and firms about the Senior Safe Act and its immunity provisions, which were passed a year ago.
United States
10 Jun 2019
Antitrust Agency Insights: Developments At The US Antitrust Enforcement Agencies—May 2019
Successfully navigating antitrust agency investigations requires a familiarity with Department of Justice and Federal Trade Commission processes, as well as insight into those agencies and their leaderships' current priorities ...
United States
10 May 2019
Significant 2018 Decisions Affecting Private Company M&A
This newsletter is our fifth annual review of significant state court decisions relevant for private company M&A transactions and related governance matters and disputes.
United States
2 Apr 2019
Leading Institutional Investors Urge SEC To Take Action In Private Equity Market
Clearly state that the standard of care owed to the clients of private fund advisers under the Advisers Act is a "negligence" standard.
United States
28 Feb 2019
2018 US Merger Enforcement Year In Review
After more than a year of transition, both the DOJ and FTC have fully appointed leadership in place.
United States
21 Feb 2019
Supreme Court To Hear Case Implicating Section 14(e) Of The Exchange Act
On January 4, 2019, the Supreme Court granted a petition for a writ of certiorari filed by the defendants in Varjabedian v. Emulex Corp.
United States
21 Jan 2019
Antitrust Agency Insights: Developments At The Us Antitrust Enforcement Agencies—October 2018
Successfully navigating antitrust agency investigations requires a familiarity with DOJ and FTC processes, as well as insight into those agencies and their leaderships' current priorities for enforcement and...
United States
24 Oct 2018
Managing Gun-Jumping And Related Antitrust Risks In M&A Transactions: An EU And US Update
In M&A transactions, the typical time gap of several weeks or even months between signing a transaction agreement and closing on the transaction creates a dual challenge: preserving the value...
European Union
12 Oct 2018
Antitrust Considerations For Government Contractors
Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges and must navigate carefully to manage antitrust risk across a range...
United States
11 Oct 2018
Hard Or Soft Brexit: What Happens To Merger Reviews?
Although the shape and form of Brexit is as yet unclear, the UK Competition and Markets Authority (CMA) is in a state of transformation, readying itself for its new role in a changing and uncertain...
European Union
4 Oct 2018
A Half Million Reasons To Review Your M&A Due Diligence Checklist
oes your M&A due diligence checklist ask about FCC licenses? No? Well, the FCC just gave you a half million reasons to add a question—five hundred and four thousand, to be exact.
United States
13 Sep 2018
UK Merger Control: A New Regime For State Intervention, Foreign Acquisitions And National Security
The UK Government has published proposals to extend its powers to scrutinise mergers and acquisitions with national security implications. This move is part of a wider global debate...
31 Jul 2018
Supreme Court Nominee Brett Kavanaugh's Antitrust Record
On July 9, 2018, President Trump announced the nomination of DC Circuit Judge Brett Kavanaugh to fill Anthony Kennedy's seat on the US Supreme Court, in light of Justice Kennedy's retirement effective July 31, 2018.
United States
20 Jul 2018
Second Circuit Reverses Lower Court's Dismissal Of Securities Fraud Complaint Under Morrison
On June 19, 2018, the Court of Appeals for the Second Circuit in Giunta v. Dingman, No. 17-1375-cv, 2018 WL 3028686 (2d Cir. Jun. 19, 2018) ...
United States
5 Jul 2018
FTC Approves Northrop Grumman's Acquisition Of Orbital ATK With Behavioral Conditions
On June 5, 2018, the Federal Trade Commission (FTC) conditionally approved Northrop Grumman's acquisition of Orbital ATK.
United States
14 Jun 2018
UK Mergers, Military And Technology
The UK's merger control regime is changing as of 11 June 2018 in industries that are sensitive to national security concerns.
21 May 2018
Supreme Court To Decide Whether The SEC's Administrative Law Judges Are Officers Of The United States Under The Appointments Clause Of The Constitution
On April 23, 2018, the United States Supreme Court heard oral argument in Lucia v. Securities and Exchange Commission to decide whether administrative law judges (ALJs) of the Securities and Exchange Commission...
United States
30 Apr 2018
Pricing Algorithms: The Antitrust Implications
Big data, machine learning and artificial intelligence are rapidly changing the way businesses make strategic decisions.
United States
19 Apr 2018
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