The Robinson-Patman Act (RPA) has been generating a lot of buzz, with private lawsuits and high-profile moves by the Federal Trade Commission (FTC). But two developments last month may signal that the RPA may be slipping back...more
Does the First Amendment protect associations’ communications with their members when petitioning government agencies?...more
5/9/2025
/ Business Entities ,
California ,
Constitutional Challenges ,
Federal Trade Commission (FTC) ,
First Amendment ,
Fraud ,
Government Agencies ,
Judicial Authority ,
Misrepresentation ,
Rulemaking Process ,
Trade Associations
With the US Department of Justice (DOJ) and Federal Trade Commission (FTC) withdrawing yet another set of antitrust compliance guidelines last month, companies that collaborate with their competitors — whether directly or...more
1/13/2025
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
New Guidance ,
Regulatory Agenda ,
Transparency
Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb...more
The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private...more
As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more
3/5/2024
/ 501(c)(3) ,
501(c)(4) ,
Artificial Intelligence ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Crowdfunding ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Fundraisers ,
Independent Contractors ,
Intellectual Property Protection ,
IRS ,
Liability ,
Machine Learning ,
NAICS ,
Nonprofits ,
Office of Foreign Assets Control (OFAC) ,
Privacy Laws ,
Ransomware ,
SNDAs ,
Tax Exemptions
On February 16, 2023, the Federal Trade Commission (FTC) held a public forum on its proposed rule that would, with limited exceptions, ban employers from using employee non-compete agreements and require rescission of...more
With the new year underway, the ArentFox Schiff Health Care team highlights 10 of the most pressing legal issues facing the industry in 2023.
End of the COVID-19 Public Health Emergency. After being in effect for more than...more
2/17/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Dobbs v. Jackson Women’s Health Organization ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Healthcare ,
HIPAA Privacy Rule ,
Inflation Reduction Act (IRA) ,
No Surprises Act (NSA) ,
Popular ,
Proposed Rules ,
Public Health Emergency ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Telehealth
The Second Circuit confirmed last month that parties settling trademark disputes have significant flexibility to avoid violating the antitrust laws. The Court overturned a Federal Trade Commission (FTC) decision finding that...more
The US Department of Justice and the Federal Trade Commission recently issued an updated set of guidelines for “vertical mergers,” or mergers between companies at different levels of the supply or distribution chain.
The...more
The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation.
After a multi-week trial, an FTC...more
10/21/2019
/ Antitrust Provisions ,
Antitrust Violations ,
Boycotts ,
Competition ,
Electronically Stored Information ,
Email ,
Evidence ,
Federal Trade Commission (FTC) ,
Price-Fixing ,
Sherman Act ,
Text Messages