Fourth Circuit Opens the Door to Divestitures in Private Merger Challenges
In Steves and Sons, Inc. v. Jeld-Wen, Inc., a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously affirmed...
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Eleventh Circuit Limits Some Claims Under Title III of the Helms-Burton Act
Last week, the Eleventh Circuit Court of Appeals became the first Court of Appeals to interpret Title III of the Helms Burton Act, which...
The proposed Virginia Consumer Data Protection Act, Part III
Today’s third installment of this series discussing the proposed Virginia Consumer Data Protection Act covers, well, what the Virginia...
The proposed Virginia Consumer Data Protection Act, Part II
This is the second part of a series assessing how the proposed Consumer Data Protection Act in Virginia stacks up against the CCPA in...
The proposed Virginia Consumer Data Protection Act, Part I
Even as California has progressed to version 2.0 of its state data protection law, most U.S. states have yet to release their version...
Changes to SEC Enforcement Practices Signal New Era of Potentially Aggressive Enforcement
Earlier this week, on February 9, 2021, Acting Chair of the US Securities and Exchange Commission (SEC) Allison Herren Lee announced that...
Supreme Court Limits FSIA’s Expropriation Exception to Violations of the International Law of Expropriation
On February 3, 2021, the United States Supreme Court decided Federal Republic of Germany v. Philipp, narrowing the scope of the...
Will Proposed Legislation Increase Antitrust Enforcement? An Overview of the Competition and Antitrust Law Enforcement Reform Act of 2021
Interest in antitrust reform has been growing steadily among policymakers in Washington, DC, over the last several years. Last year, the...
Critical HSR Updates: Suspension of Early Termination and Decrease of HSR Monetary Thresholds in the United States
This week, the US Federal Trade Commission (FTC) announced two significant changes to the US merger review process: (1) the suspension of...
Second Circuit Decision Reiterates That US Securities Laws Do Not Apply To “Predominantly Foreign” Transactions
Cavello Bay Reinsurance Ltd. v. Stein, 2021 WL 232551(2d Cir. Jan. 25, 2021)
On January 25, 2021, the United States Court of Appeals for...
The Supreme Court Vacates Second Circuit Insider Trading Decision After “Bridgegate” Ruling
On January 11, 2021, the U.S. Supreme Court vacated the US Court of Appeals for the Second Circuit’s ruling in the insider trading case
Expansion of CFIUS’s monitoring and enforcement capabilities has raised the stakes of getting it right when deciding to voluntarily file a transaction
A recent Wall Street Journal article described how the Committee on Foreign Investment in the U.S. (“CFIUS;” “the Committee”) is using...
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