The relationship between in-house and outside counsel is like any pseudo-marriage, with issues of finances, trust, confidentiality, and support. Under Danny Sokol’s sponsorship, this issue asks inside players for their perspectives on the challenges of the two roles and how best GCs and outside lawyers should work together—both generally and within the context of often […]

Charles Layton, Julie Soloway, Apr 29, 2013 While many countries around the world have established procedures for reviewing transactions with national security implications, few have enacted statutes of general application that apply to all, or the vast majority of, foreign investments within their borders. Canada represents one of the primary exceptions to this rule. Foreign direct […]

Eirik Osterud, Harald Selte, Beret Sundet, Apr 29, 2013 On March 15, 2013, the Norwegian Government submitted its Proposition (Prop. 75 L (2012-2013)) for amendments to the Norwegian Competition Act (2004) to the Norwegian Parliament. Included were important amendments that concern the control of concentrations, intended to ease the administrative burden of and adjust the […]

Roy Hoffinger, Apr 29, 2013 After 30 years practicing antitrust law, 18 as in-house counsel, I think I can say that I have a fairly decent grasp of antitrust law-or at least what is known about antitrust law (more on that later). But in no way do I believe that my growth as an antitrust […]

Wayne Dale Collins, Lisl Dunlop, Apr 29, 2013 The allocation of antitrust risk has become an important feature of modern M&A agreements. In many strategic deals, where an antitrust challenge by one or more reviewing agencies is a meaningful possibility, the allocation of antitrust risk can be as important to each of the merging parties […]

Michael McFalls, Apr 29, 2013 Transactional work can provide outside antitrust counsel immense opportunities to create, cement, and expand relationships with in-house counsel. For IP-intensive businesses, antitrust counsel can provide a useful and often essential complement to the role that lead IP counsel often play as consigliore to a patentholder. For run-of-the-mill antitrust work associated […]

Aimee DeFilippo, Craig Waldman, Apr 29, 2013 The merger approval process can be a challenging experience, especially in tough deals that prompt extended antitrust investigations. Long wait times, high costs, and the resulting uncertainty for the parties, their employees, customers, and investors about whether and when the deal will be consummated can make it difficult […]

Edurne Navarro Varona, Apr 29, 2013 Information exchange in the framework of a merger constitutes an important issue where the demands of the course of trade need to be balanced with the limitations imposed by competition law. Companies aim at completing the merger as soon as possible. However, competition law in most European jurisdictions requires […]

Francis Fryscak, Apr 29, 2013 Nearly four decades after enactment of the Hart-Scott-Rodino Antitrust Improvements Act is a good time to get one’s bearings on how antitrust deal work has changed, and how this evolving picture looks different to outside counsel and those in top-level positions in-house. Two major shifts, occurring at roughly the same […]