Insights

Final Form of New HSR Rules Will Substantially Increase Time and Cost of Premerger Filings

The Federal Trade Commission (FTC) has published the final Rules that will govern Hart-Scott-Rodino (HSR) filings starting early next year. The new HSR Rules will go into effect ninety days after they are published in the Federal Register.

2024 Hart-Scott-Rodino Requirements

Hart-Scott-Rodino (HSR) filing thresholds will be adjusted upward effective March 6, 2024, and for parties involved in a merger or acquisition these adjustments may affect whether a company is required to make a premerger notification filing in any given transaction.

La Famiglia Joins Forces with General Catalyst

Choate is proud to have provided US counsel to La Famiglia, a seed-stage venture capital firm based in Berlin, in its combination with General Catalyst, a Cambridge, MA and Silicon Valley based venture capital firm.

FTC Files Antitrust Charges Against a Private Equity Sponsor

The current FTC leadership has been making strong statements against private equity roll-ups across industry sectors, and on September 21, 2023, acted on this rhetoric by suing a large health care provider in Texas, along with its founding private equity sponsor.

FTC Proposal for New HSR Rules Will Dramatically Increase Time and Cost of Premerger Filings

The Federal Trade Commission (FTC), with the concurrence of the Department of Justice (DOJ), recently published proposed rules aimed at radically expanding the information that goes into a Hart-Scott-Rodino (HSR) filing. By the FTC’s estimate, the time required to complete an HSR filing will increase, on average, by 107 hours.

2023 Hart-Scott-Rodino Requirements

Hart-Scott-Rodino (HSR) filing thresholds will be adjusted upward effective February 27, 2023. Effective on the same day, the HSR filing fees will be decreased for relatively small transactions and increased for relatively large transactions.

Carried Interest Would Be Taxed at Ordinary Income Tax Rates Under Newly Proposed Legislation

On July 27, 2022 Senate Majority Leader Chuck Schumer and Senator Joe Manchin issued a joint statement announcing an agreement to add the Inflation Reduction Act of 2022 to the FY2022 Budget Reconciliation Bill, which includes limitations for Private Equity managers to benefit from capital gains treatment on their carried interest.

2022 Hart-Scott-Rodino Requirements

Hart-Scott-Rodino (HSR) filing thresholds will be adjusted downward effective on February 23, 2022.

New Energy Capital Acquired by Victory Capital

Choate represented New Energy Capital in its sale to Victory Capital. Based in Hanover, New Hampshire, New Energy Capital (NEC) is a leading alternative asset management firm focused on debt and equity investments in clean energy infrastructure projects and companies.