On February 12, 2026, the Eastern District of Texas overturned the Federal Trade Commission’s (FTC’s) new Hart-Scott-Rodino (HSR) Act notification form that has been in effect for the last year.

Yesterday, the Federal Trade Commission announced higher thresholds for premerger filings under the Hart-Scott-Rodino (HSR) Act as well updated fees to submit an HSR filing. These thresholds increase the minimum value of transactions that must be notified under the HSR Act to $133.9 million. The new thresholds will go into effect 30 days after publication in the Federal Register.

In today’s digital marketplace, direct sellers rely heavily on electronic agreements to govern their relationships with customers, vendors, and partners. But whether these electronic agreements are enforceable depends, at least in part, on how your policies and other terms are presented to users and the way assent is obtained. Courts scrutinize these issues closely, emphasizing that even minor design choices can make the difference between a binding electronic agreement and an unenforceable set of terms.