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FTC Continues Vigorous Section 5 Enforcement

July 23, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Ian G. John, John H. Lyons, Kenneth B. Schwartz

On July 21, 2014, the FTC announced plans to settle charges with two Internet resellers of Universal Product Code barcodes accused of violating Section 5 of the FTC Act by inviting competitors to collude. The case reflects a continuing trend of government enforcement in this area and underscores the FTC’s view that simply proposing terms of coordinating competitive actions violates Section 5.

FDA Guidance Limits Flexibility in Social Media Promotional Communications

July 21, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | John T. Bentivoglio, Jennifer L. Bragg, Michael K. Loucks, Gregory M. Luce, Maya P. Florence, Breanna Peterson

The FDA recently issued several draft guidance documents to assist manufacturers with their product communications via social media. While the documents acknowledge the unique characteristics of certain social media platforms and the need for some flexibility in promotional communications, the FDA will continue to apply traditional regulatory requirements as much as possible — an approach that manufacturers may find too restrictive when trying to utilize the Internet to market their products.

Court Finds CFIUS Violated Ralls Corporation’s Due Process Rights

July 17, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Ivan A. Schlager, John M. Beahn, Malcolm Tuesley, Joshua F. Gruenspecht, John P. Kabealo

On July 15, 2014, the U.S. Court of Appeals for the District of Columbia ruled that President Obama and CFIUS unconstitutionally deprived Ralls Corporation of its property rights by forcing it to divest that property for national security reasons without first providing adequate due process. The court’s precedent-setting decision may add a new layer of uncertainty to CFIUS processes, impact both applicants’ rights and committee procedures, and increase the number of tactical decisions involved in preparing for a CFIUS review.

Latest US Export Control Reforms Impact Companies in the Military Electronics Industry

July 10, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Jeffrey Gerrish, Nathaniel Bolin, Jamieson Greer

On July 1, 2014, the U.S. government issued the latest in a series of ongoing reforms to the U.S. export controls on defense articles, defense services and “dual-use” items. The latest changes affect a broad range of items that previously had been categorized as “military electronics” under the International Traffic in Arms Regulations and have a number of important implications for companies that sell or otherwise engage in transactions involving the affected items.

European Commission Issues Merger Reform White Paper Regarding Minority Shareholdings and Member State Referrals

July 9, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Simon Baxter, Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Giorgio Motta

On July 9, 2014, the European Commission published a white paper outlining the approach it intends to adopt with respect to the application of the EU Merger Regulation to the acquisition of minority shareholdings and the EU member state referral system. While the proposals relating to minority shareholdings likely will raise the administrative burden on businesses compared to the current system, the suggested changes to the referral system should be viewed as welcome news by companies. The public consultation related to EU merger reform remains open until October 3, 2014.

Navigating Today's Shareholder Activism Landscape

July 8, 2014 | The Harvard Law School Forum on Corporate Governance and Financial Regulation | Stephen F. Arcano, Richard J. Grossman

CFTC Further Extends Comment Periods on Position Limits Proposals

July 7, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, Daniel S. Konar II, W. Graham McCall

The CFTC has further extended the comment periods for its 2013 proposals concerning position limits aggregation and position limits for physical commodity derivatives. Comments will be accepted through August 4, 2014.