Smaller U.S. Mergers Will be Scrutinized Due to Decreased Hart-Scott-Rodino Filing Thresholds
Richard J. Wegener
The Hart-Scott-Rodino Antitrust Improvements Act of 1976, also known as the HSR Act, is the primary U.S. premerger notification statute. In general, the HSR Act requires that acquiring parties and target companies in certain mergers and acquisitions (including the acquisition of certain exclusive licenses), as well as participants in the formation of joint ventures, notify both the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice of a contemplated transaction before the transaction is consummated. Notification gives the agencies the opportunity to evaluate whether to challenge the transaction on the grounds that it will injure competition.
Social Media and Technology in the Workplace: Top 5 New Year’s Resolutions for 2010
Teresa M. Thompson
Norah E. Olson Bluvshtein
It’s that time of year again—time to make (and hopefully keep) your New Year’s resolutions. New Year’s resolutions do not have to relate solely to dieting and exercise, however. Now is a great time for employers to think proactively about their goals and aspirations for the coming year. When thinking about New Year’s resolutions for the workplace, a hot topic and cause for concern is the growing use of social media in the workplace. In 2010 your organization should be developing and implementing workplace best practices regarding use of social media and other emerging technologies. Employers should start this process by asking: How will our organization manage the risks associated with the use of social media and at the same time gain the benefits that this media form provides?
The State of Minnesota Opens a New Front Against False Claims
David L. Lillehaug
It has always been a crime to present a false bill to the State of Minnesota, but to prosecute, the State has to show intent and prove guilt beyond a reasonable doubt. Now, the State has another weapon in its armory, which it will roll out on July 1, 2010. The new Minnesota False Claims Act (Minn. Stat. § 15C.01) establishes significant civil penalties for “knowingly” presenting, or conspiring to present, to a state or political subdivision a “false or fraudulent claim for payment or approval.”
Lawsuit: LCFS Violates US Constitution
Todd J. Guerrero
In a case that will be closely watched throughout the country, Growth Energy and the Renewable Fuels Association recently filed suit in federal district court alleging that California’s low carbon fuel standard (LCFS) violates the federal Constitution. Specifically, the lawsuit claims that the LCFS is preempted by the Supremacy Clause, and violates the Commerce Clause.