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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 the first-ever order requiring divestiture of assets as a remed...

Author(s): Andrew Ewalt, Charlie Beller

  • antitrust and competition
  • litigation
  • m&a

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 provides for a private right of action for U.S. nationals whose...

Author(s): Kimberly Zelnick, Elliot Friedman, Nabeel Yousef, David Livshiz, Thomas Walsh, Christian Vandergeest

  • litigation

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 Consumer Data Protection Act covers.By way of reminder, GDPR’s co...

Author(s): Peter Jaffe, Menachem Kaplan

  • data protection
  • data
  • us

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 California and GDPR in Europe. Today: the all-important definition...

Author(s): Peter Jaffe, Menachem Kaplan

  • data
  • data protection
  • us

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 1.0. But Virginia seems poised to buck the trend and pass the next...

Author(s): Peter Jaffe, Menachem Kaplan

  • data protection
  • us

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 the SEC has restored the power of senior SEC officials to auth...

Author(s): Kimberly Zelnick, Hannah Khalifeh, Mark Goldberg, Aaron Kates Rose

  • white-collar defense
  • investigations

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 “expropriation exception” to sovereign immunity found in the Foreign Sov...

Author(s): Linda Martin, Elliot Friedman, David Livshiz, Scott Eisman, Christian Vandergeest, Paige von Mehren

  • litigation

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 Democratic Majority Staff to the House Subcommittee on Antitrus...

Author(s): Jan Rybnicek, Kara Reid

  • antitrust and competition

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