BT Raleigh

Final Hart-Scott-Rodino Rules: What They Mean for M&A On Oct. 10, 2024, the Federal Trade Commission (FTC) and the Justice Department Antitrust Division announced their final rule implementing significant changes to the premerger disclosures required by the Hart-Scott-Rodino Act (HSR). A notable change is that both parties to a merger or acquisition that meets the HSR threshold must file a premerger notification form with information the FTC estimates could take two to three times longer to collect.

SEC, ESG and Climate Enforcement: Gearing Up, Winding Down or Business As Usual? The Securities Exchange Commission (SEC) launched its Climate and ESG Task Force focused on enforcement with great fanfare in March 2021. In response to “increasing investor focus and reliance on climate and ESG-related disclosure and investment,” the task force had a staff of 22 from across the agency to proactively identify misconduct related to environmental, social and governance (ESG). The SEC’s initial focus was to identify any material gaps or misstatements in issuers’ disclosure of climate risks under existing rules and to address whistleblower complaints. Barely three years later, when the SEC quietly disbanded that Climate and ESG Task Force, there was no public announcement. But for the eagle eye of a Bloomberg reporter who reported on Sept. 12 that the task force webpage had been dropped in June 2024 just before the SEC revamped its website in July 2024, its dissolution may not have been revealed to this day.

USPTO Coding Error Affects Patent Term Adjustment: Key Deadlines and Actions for Patentees On Sept. 25, 2024, the U.S. Patent and Trademark Office (USPTO) published a notice regarding a coding error affecting its patent term adjustment (PTA) software. The coding error potentially affects U.S. patents issued between March 19, 2024, and July 30, 2024. The USPTO discovered the coding error in a recent update to the software used to perform PTA determinations under both 35 USC 154(b)(1)(A), which pertains to the statutory guarantee for prompt USPTO office responses, and calculations of the amount of overlap under 35 USC 154(b)(2)(A), where various statutory guarantees overlap but do not extend the total delay. However, PTA calculations under 35 USC 154(b)(1)(B) were not affected by this error.

🌟 Exciting Highlights from the First Responders Appreciation Breakfast! 🌟 On September 18, the Greater Raleigh Chamber hosted its annual event to honor our incredible first responders. I’m proud to share that Mark Jenkins played a key role on the planning committee, helping ensure the success of this meaningful gathering. A big shoutout to Amy Fix and Aisha Hasan for attending and supporting our heroes in uniform! It’s always inspiring to come together as a community to recognize the hard work and dedication of those who keep us safe. #FirstResponders #CommunitySupport #RaleighChamber #Gratitude #FRAB24

🌟 Exciting times at BT Raleigh! 🌟 We are proud to be a part of the Research Triangle Area Chapter of the Association of Corporate Counsel. This year’s Annual Fall Reception at The Pavilion at the Angus Barn provided an excellent opportunity for networking and reconnecting with colleagues and friends in the legal community. A big shoutout to Allen Baum and Aisha Hasan for representing our firm at this fantastic event! 🤝 Here’s to building strong connections and continuing to support each other in our professional journeys! #Networking #LegalCommunity #BTRaleigh #ACC

SEC Sanctions Investment Managers for Failure to Report on Forms 13F and 13H On Sept. 17, 2024, the U.S. Securities and Exchange Commission (SEC) announced settled charges against 11 investment management firms for failing to file Form 13F, the quarterly public report required of any institutional investment manager who oversees a portfolio of at least $100 million of certain U.S.-listed securities. Two of the sanctioned firms also were charged with failing to file Form 13H, the confidential SEC filing required on the part of “large traders.”

🌟 Exciting recap from September 18! 🌟 BT Raleigh had the pleasure of hosting "Getting the Deal Done - Overcoming Common Pitfalls in Corporate M&A" for the Association of Corporate Counsel. A huge thank you to Allen Baum for organizing this insightful program and moderating our panel! Special thanks to Kepten Carmichael for making the trip to Raleigh and contributing your expertise, and a massive shoutout to Kim Parker of Mayne Pharma for stepping in last minute—your presence made a difference! And a big round of applause to The Rickhouse for their incredible support in making this event a success for everyone involved. Looking forward to more collaborative events in the future! 🚀 #CorporateM&A #Networking #ThankYou

On Sep. 12, Laurian Cristea was quoted in a Bloomberg News article, "Elections Bets Go Live on Kalshi After CFTC's Court Loss," regarding Kalshi Inc.'s launch of elections-themed derivatives, which came less than an hour after a federal judge denied the Commodity Futures Trading Commission's request to block the listings.

🌟 Exciting times at the Triangle Financial Services Meetup! 🌟 On September 17, Laurian Cristea hosted our third gathering at Hoppy House Taproom & Hangout Place. It was fantastic to see so many professionals coming together to forge new connections and reconnect with old friends. A special thank you to Allen Baum, Amy Fix, Mark Jenkins, and Aisha Hasan for your invaluable support in making this event a success! Looking forward to the next one! #Networking #FinancialServices #TriangleMeetup

White House Asks Public, Private Sectors to Commit by Nov. 1 to Quell Effects of Extreme Heat On the heels of the hottest August globally in the 175 years that records have been maintained, the White House held the first-ever White House Summit on Extreme Heat on Sept. 13. More than 100 invited participants from around the country and the federal government gathered to discuss ways to protect against extreme heat. Recognizing that extreme heat is the deadliest of weather-related hazards, the White House convened community representatives at the summit – ranging from workers exposed to extreme heat, healthcare professionals, emergency responders, and researchers and innovators – to discuss lessons learned and to announce a series of new programs and tools to manage extreme heat at home and abroad.