Merger Modifications

DOJ and FTC Announce Temporary Modifications to Certain Filing and other Procedures under the Hart, Scott Rodino Act (“HSR Act”) For Pendency of COVID-19 Event

Written By Anthony Adler

On March 13, 2020, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) announced that they have adopted a series of temporary changes to their civil merger investigation processes, which will remain in place during the pendency of the Coronavirus (COVID-19) event.  These changes will ensure that the DOJ and FTC will be able to continue operations as their employees carry out their duties under a mass telework directive in accordance with health guidance from the CDC, WHO, and other health authorities. These temporary measures include the following: Continue reading “Merger Modifications”

Premerger Notifications and Interlocking Directorates: FTC Increases Thresholds

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Photo credit: iStock.com/ImagePixel

By Melanie Figueroa & David Gordon

On January 26, the Federal Trade Commission (FTC) announced their annual update to the size-of-transaction thresholds for both premerger notifications and interlocking directorates. The FTC revises these thresholds annually based on changes in gross national product. This year’s update included significant increases.

Changes to Premerger Notification Thresholds

Under the Hart-Scott-Rodino Act (HSR), transactions that meet the following three tests are required to file premerger notifications with the FTC and the Antitrust Division of the Justice Department: Continue reading “Premerger Notifications and Interlocking Directorates: FTC Increases Thresholds”

Importance of Maintaining Cybersecurity Measures – Assessing the Ashley Madison Data Breach Settlement

By Aaron Wais

Daily headlines of data breaches, resulting class actions, governmental investigations and enforcement actions, and the settlements of those actions serve as constant reminders of the need to implement and maintain reasonable cybersecurity measures. Yet another example can be found in the recent announcement by the Federal Trade Commission, which states that the operators of Ashley Madison have agreed to settle the charges brought against them by the FTC and over a dozen state attorneys generals arising out of the July 2015 data breach of Ashley Madison’s network. Analyzing the settlement also provides additional guidance on what regulators mean when they refer to reasonable safeguards.

Continue reading “Importance of Maintaining Cybersecurity Measures – Assessing the Ashley Madison Data Breach Settlement”