Martin Brinkley and Margaret Rosenfeld Author Article Explaining Recent Antitrust Developments

Smith Anderson partner Martin Brinkley and associate Margaret Rosenfeld have authored the article Antitrust Update: FTC General Counsel Provides Informal Gun-Jumping Guidance, published in the NC Bar Association Business Law Section's June 2006 edition of Notes Bearing Interest.

The article analyzes a major policy address given by Federal Trade Commission (FTC) General Counsel William Blumenthal on premature coordination among merging parties (known as "gun jumping") and provides an in-depth explanation of the practical effects of the clarification Mr. Blumenthal brought to the subject. In a separate topic, the article summarizes revised monetary thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 announced by the FTC earlier this year. The article is intended to help North Carolina business lawyers stay abreast of these important developments affecting antitrust aspects of mergers and acquisitions practice.

If you would like a copy of the article, please contact Marie Duncan at

Mr. Brinkley practices in the areas of corporate and commercial law, mergers and acquisitions, banking, public finance, and charitable foundations and other nonprofit organizations. He has broad experience advising business and nonprofit clients on general corporate needs and representing businesses and financial institutions in asset-based lending transactions and syndicated credit arrangements. His mergers, acquisitions and divestitures experience includes structuring, negotiating and documenting transactions, as well as assisting clients in complying with the Hart-Scott-Rodino premerger notification law. He is a member of the American Law Institute and recently chaired the NC Bar Association's Strategic Planning and Emerging Committee, which prepared the strategic plan adopted by the NCBA's Board of Governors in June 2006.

A corporate, finance and securities lawyer, Ms. Rosenfeld assists emerging, growth and mature companies with legal, business and strategic planning. She has represented both companies and underwriters with initial public offerings on numerous stock exchanges including the New York Stock Exchange, NASDAQ, the London Stock Exchange, the Deutsche Boerse (the Frankfurt Stock Exchange), EASDAQ, the Amsterdam Stock Exchange and the Luxembourg Stock Exchange. Prior to joining Smith Anderson, Ms. Rosenfeld practiced corporate, finance and securities law with Freshfield Bruckhaus Deringer in London, the United Kingdom and Frankfurt, Germany and with Paul, Weiss, Rifkind, Wharton & Garrison in Tokyo, Japan and can converse in Japanese and German. Her professional accomplishments include being a recipient of the Triangle Business Journal's "40 Under 40" leadership award in 2006.

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