On Dec. 11, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice's (DOJ) Antitrust Division announced the withdrawal of their decades-old guidelines regarding collaboration among competitors. The...more
On October 10, 2024, the Federal Trade Commission (FTC) announced long-awaited finalized changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the...more
On August 20, 2024, a Texas federal court judge issued an order halting the Federal Trade Commission's (FTC) non-compete rule, preventing it from taking effect on September 4, 2024. The order, issued by Judge Ada Brown, held...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
Private Equity (PE) has been a popular and frequent target of the Biden Administration’s recent antitrust enforcement efforts. Earlier this year, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division...more
6/5/2024
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Minority Shareholders ,
Monopolization ,
Permanent Injunctions ,
Private Equity
By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward:
New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more
4/24/2024
/ Acquisition Agreements ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Private Equity ,
Remedies
On December 18, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued final merger guidelines which significantly overhaul how the agencies determine whether potential transactions violate...more
The Federal Trade Commission (FTC) started off 2023 with a bang. On January 5, the FTC proposed a new rule that would effectively ban most non-compete agreements, making them an unfair and unlawful method of competition under...more
1/10/2023
/ Anti-Competitive ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Regulatory Agenda ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
In this internet age, "smart" children’s products—those that collect, transmit or store electronic data—are on the rise. By some estimates, the smart toy market will reach $11.3 billion in sales by 2020. Manufacturers of...more
10/23/2017
/ COPPA ,
Data Collection ,
Data Privacy ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet ,
Internet of Things ,
Mobile Apps ,
Mobile Health Apps ,
Online Safety for Children ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
Smart Devices ,
State and Local Government ,
Websites
The Department of Justice and the Federal Trade Commission jointly issued an Antitrust Guidance for Human Resources Professionals on October 20, 2016. The DOJ and FTC’s guidance follows several highly publicized...more
11/1/2016
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
New Guidance ,
Non-Solicitation Agreements ,
Recruitment Policies ,
Wage-Fixing