Tariffs have been in the news almost daily. Not only have tariff rates changed repeatedly, but the deadlines around implementation are subject to change. Meanwhile, the list of new commodities that are subject to additional...more
Legislatures in several states have recently introduced bills that would require certain parties who submit Hart-Scott-Rodino (HSR) premerger filings to the federal government to provide that same information to the state. On...more
4/16/2025
/ Acquisitions ,
Antitrust Provisions ,
Corporate Counsel ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
New Legislation ,
Premerger Notifications ,
State Attorneys General ,
State Legislatures ,
Threshold Requirements
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
In June 2024, a California jury awarded plaintiffs nearly $4.8 billion in an antitrust class action against the National Football League (NFL) and DirecTV. In the case, In re National Football League's "Sunday Ticket"...more
11/7/2024
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Appeals ,
Broadcasting ,
Class Action ,
Damages ,
DirectTV ,
Expert Testimony ,
Football ,
Market Participants ,
NFL ,
Rule of Evidence 702
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
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
On July 19, 2023, The Federal Trade Commission and the Department of Justice (the agencies) released a draft update of the Merger Guidelines that would significantly overhaul how the agencies review mergers and acquisitions....more