WASHINGTON, D.C., March 22, 2013 -- In a recent posting to the Law360 web site, editors asked Washington office Deputy Partner in Charge Paul Cuomo to describe an important issue relevant to his practice area. Cuomo, a partner in the Firm’s Litigation department, chose to discuss the “increasing number of jurisdictions that are adopting premerger notification laws and requiring parties to gather and submit a significant amount of information just to get the formal review process started.”
“It is not uncommon to advise a client that a deal can get done in 30 days or less if we only need to file in the U.S., but that it could easily take two to four months if other jurisdictions are involved,” Cuomo told Law360. “In some situations, transactions need to happen quickly and deals can fall apart if they cannot be done in 30 to 45 days. Clients should not be put in a position on whether a deal happens or not is based on the jurisdictions in which they need to file.”
Cuomo added, “The United States, the Supreme Court decision in FTC v. Actavis Inc. will provide needed guidance on the application of the antitrust laws to settlements in Hatch-Waxman cases. This issue has been percolating for over a decade, and it will be very interesting to see how the Supreme Court resolves the matter in its decision later this year.”
In addition to the discussing this issue, Cuomo responded to questions in the Law360 feature concerning the most challenging case he has worked on, aspects of his practice area that are in need of reform, a lawyer who made a lasting impression on him and an early career mistake that he turned into a lesson learned.
Cuomo’s complete Q&A session with Law360 is available here.
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