On January 26, 2017, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more
1/30/2017
/ Acquisitions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements ,
Voting Securities
On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the...more
11/17/2016
/ Anti-Competitive ,
Antitrust Violations ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
New Guidance ,
No-Poaching ,
Technology Sector ,
Wage and Hour ,
Wage-Fixing
Hospitals and other providers who have been tracking Federal Trade Commission (FTC) and Department of Justice Antitrust Division hospital merger challenges over the last several years will want to take note of the federal...more
5/13/2016
/ Administrative Proceedings ,
Antitrust Litigation ,
Appeals ,
Divestiture ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare Reform ,
Hospital Mergers ,
Preliminary Injunctions ,
The Clayton Act
The annually adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15 U.S.C. § 19) were published in the Federal Register on January 26,...more
The Federal Trade Commission and Department of Justice Antitrust Division held their second public workshop on health care competition on February 24-25, 2015. The workshop is part of the FTC and DOJ’s commitment to...more
Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15 U.S.C. § 19) were published in the Federal Register on January 21, 2015. The...more
A federal court in Ohio has provided some of the clearest guidance to date on the application of the single-enterprise immunity doctrine to healthcare organizations. The single-enterprise immunity doctrine is critically...more
A federal court has upheld the validity of the FTC’s recent rules for reporting certain transfers of exclusive patent rights in the pharmaceutical industry under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act. We...more
The Federal Trade Commission (FTC) is moving forward with an administrative action against a small medical laboratory that suffered two data security breaches, resulting in its patients’ protected health information falling...more
5/30/2014
/ Administrative Priority ,
Clinical Laboratories ,
Cybersecurity ,
Data Breach ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
LabMD ,
PHI ,
Popular ,
Section 5 ,
Unfair or Deceptive Trade Practices
Lawyers don’t like to think of themselves as assembly line workers. It isn’t that legal work is necessarily more complicated than assembly line work. Rather, the reason is that lawyers are trained to be generalists, and as a...more
Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) were published in the Federal Register on January 23, 2014. The thresholds are adjusted annually based upon changes in...more
The Federal Trade Commission (FTC) has issued final rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) relating to the transfer of exclusive patent rights in the pharmaceutical industry. These new...more
Federal Rule of Civil Procedure 34(a) requires litigants to produce documents – including, of course, ESI – so long as those documents are in their “possession, custody, or control.”...more
On July 19, 2013, the Ninth Circuit affirmed an award of summary judgment to an aftermarket auto parts distributor that had received better prices than a competitor. Gorlick Distribution Centers, LLC v. Car Sound Exhaust...more
On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the...more
2/20/2013
/ Acquisitions ,
Federal Trade Commission (FTC) ,
FTC v. Phoebe Putney Health System ,
Government Entities ,
Governmental Immunity ,
Governmental Liability ,
Hart-Scott-Rodino Act ,
Hospital Mergers ,
Hospitals ,
SCOTUS ,
State Action Doctrine
In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more
Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) were published in the Federal Register on January 11, 2013. The thresholds are adjusted annually based on changes in...more