M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

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Tuesday, October 1, 2013

Shutdownado

Ok, so the impacts of this 'shutdownado' are far and wide and sometimes a little unpredictable.  As you probably know, the DOJ has been challenging the American Airlines/US Air merger on antitrust grounds in court.  The trial is set to start on Nov. 25.  Now,  though, the DOJ is seeking stay during the government shutdown because government lawyers won't be available to prepare their case:

Absent an appropriation, the Department of Justice attorneys and employees are generally prohibited from working, even on a voluntary basis.

Not the worst thing in the world, I suppose.  But, judges are still working  and getting paid, though (thanks to their permanent appropriation).  Somehow, the SEC is operational according to an announcement of the SEC's site.  PCAOB is open because, well, it's not really a Federal agency (I know, there's a constitutional question there).  FINRA is still open for business; it's an SRO afterall.  But, the big news?  That's right.  BC's football game against Army this weekend might cancelled/postponed because of the 'shutdownado.'   What?!  

Hmm.  Hey Congress!  You suck!

-bjmq 

http://lawprofessors.typepad.com/mergers/2013/10/shutdownado.html

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