Richard L. Flannery

Associate

Richard Flannery is an antitrust lawyer in the Firm’s Antitrust & Competition Practice Group. His practice focuses on antitrust issues in mergers and acquisitions and government investigations. His experience includes analyzing antitrust risk in mergers and acquisitions, advising clients during the due diligence and integration planning processes, negotiating antitrust risk allocation provisions in purchase agreements, and responding to Civil Investigative Demands and subpoenas issued by the Federal Trade Commission and Department of Justice. He has experience with transactions involving health insurance, health care provider groups, hospitals, pharmaceuticals, technology companies, and the manufacturing and entertainment sectors. Richard also counsels clients on antitrust issues related to joint venture formation and compliance in a variety of sectors.

In his M&A practice, Richard regularly represents clients in investigations before federal antitrust enforcers, including Second Request merger investigations and Voluntary Access Letters. Richard is experienced in document production for Second Request investigations, responding to written inquiries, and interfacing with the Federal Trade Commission and Department of Justice. Richard also has experience defending government depositions and investigative hearings.

Additionally, Richard helps clients throughout the Hart-Scott-Rodino (HSR) Act filing process. He has prepared dozens of HSR filings and advises clients on HSR reportability rules. Richard has also drafted and negotiated dozens of clean team agreements to ensure antitrust compliance for information sharing throughout the due diligence and integration planning processes.

Richard also provides antitrust counseling services including antitrust audits, joint venture formation questions, and employee and trade association compliance trainings.

Presentations and Publications

  • Co-author, “Behind antitrust Enforcers’ 2023 Labor and Employment Push,” Law360 (December 19, 2023)
  • Co-author, “An Analysis of the “Deputization” Theory of Section 8 of the Clayton Act,” The Antitrust Source (August 2023)
  • Author, “The Appropriate Test for Relevant Geographic Market Definition in Hospital Mergers,” Antitrust Health Care Chronicle (November 2017)
14 October 2024 Viewpoints

FTC Finalizes Long-Awaited Rules that Will Substantially Increase the Scope and Detail of Premerger Antitrust Filings under Hart-Scott-Rodino Act

The FTC has finalized significant changes to the information and level of detail that will be required in premerger antitrust filings under the HSR Act. The new rules will take effect in early 2025.
01 October 2024 Deals and Wins

Foley Advises SkinCure Oncology in Investment from H.I.G. Capital

Foley & Lardner LLP served as legal advisor to SkinCure Oncology, the world leader in providing a comprehensive model for the delivery of Image-Guided Superficial Radiation Therapy (Image-Guided SRT) in its recapitalization by an affiliate of leading global alternative investment firm H.I.G. Capital.
11 June 2024 Deals and Wins

Foley Represents Spot Pet Insurance in Sale to Independence Pet Holdings

Foley & Lardner LLP represented Spot Pet Insurance (Spot), a rapidly growing pet insurance brand offering dog and cat coverage plans in the United States and Canada, in its sale to Independence Pet Holdings, Inc. (IPH), an innovative multi-brand pet insurance provider.
26 March 2024 Deals and Wins

Foley Represents Avantus in Investment from KKR to Support Renewable Energy Development

Foley & Lardner LLP served as legal advisor to Avantus in its signing of a definitive agreement by which investment funds and accounts managed by KKR.
21 March 2024 Deals and Wins

Foley Represents DISA Global Solutions in Acquisition of CastleBranch Screening and Compliance Business

Foley & Lardner LLP served as legal advisor to DISA Global Solutions, a portfolio company of Audax Private Equity, in its acquisition of the screening and compliance services of CastleBranch Inc.
13 March 2024 Deals and Wins

Foley Advises mdf commerce in Agreement to be Acquired by KKR

Foley & Lardner LLP served as U.S. legal advisor to mdf commerce, a SaaS leader in digital commerce technologies, in its definitive agreement to be acquired by funds managed by KKR.