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The HSR Act’s “Investment” Exemption - Strategic Considerations in Light of Recent Enforcement
  • Locke Lord LLP
  • USA
  • April 22 2016

On April 4, 2016 the Department of Justice (DOJ) sued ValueAct Capital (ValueAct), an "activist" investment fund, for violation of the


Foreign Investors Active in the U.S. - Stricter Enforcement of Criminal Laws Against Senior Management and Ways to Stay Clean for Investors
  • Milbank Tweed Hadley & McCloy LLP
  • USA
  • April 20 2016

Company boards and management should take note of the U.S. Department of Justice’s increasing focus on the prosecution of individual executives and


DOJ Action Against ValueAct for HSR Act Violation Signals More Caution for Minority Investors and Activist Stockholders
  • Hogan Lovells
  • USA
  • April 15 2016

On April 4, 2016, the U.S. Department of Justice (DOJ) filed a complaint in federal court against activist investor ValueAct Capital (ValueAct) for


DOJ Suit Against ValueAct Shines Spotlight on HSR Requirements for Shareholder Activists
  • Latham & Watkins LLP
  • USA
  • April 14 2016

On April 4, 2016, the U.S. Department of Justice (DOJ) sued certain ValueAct Capital entities for alleged violations of the Hart-Scott-Rodino


DOJ Files Suit Against An “Activist Investor”
  • Sullivan & Cromwell LLP
  • USA
  • April 7 2016

On Monday, April 4, 2016, the U.S. Department of Justice (“DOJ”) filed a complaint against three ValueAct Capital-related entities (collectively


Activism (Re)Defined: DOJ Files Complaint Against ValueAct for Alleged HSR Act Violation
  • Shearman & Sterling LLP
  • USA
  • April 6 2016

On April 4, 2016, the US Department of Justice ("DOJ") filed a civil antitrust suit against activist investor ValueAct Capital ("ValueAct") seeking


House Passes GOP-Backed SMARTER ACT Aiming to Harmonize Merger Review Process for FTC and DOJ
  • McDermott Will & Emery
  • USA
  • April 4 2016

On March 23, 2016, the U.S. House of Representatives passed the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act by a vote


The FTC's Three Current Hospital Merger Challenges: Will the FTC Ever Lose?
  • Ober Kaler
  • USA
  • March 29 2016

Beginning with the Federal Trade Commission's 2007 decision in Evanston Northwestern Healthcare Corp., holding that a hospital merger in the North


DOJ Investigates Cross-Ownership by Institutional Investors
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • March 18 2016

On Capitol Hill last week, the Assistant Attorney General for the Antitrust Division of the Department of Justice, William J. Baer, confirmed that


Antitrust Merger Enforcement In the Obama Administration: Has the Pendulum Swung Too Far?
  • Squire Patton Boggs
  • Global, USA
  • March 8 2016

With Senate Judiciary Committee oversight hearings scheduled for March 9, it seems an appropriate time to examine whether the Obama Administration’s