Executive Order Directing Deregulation and Termination of Certain Regulatory Enforcement Actions -
On February 19, 2025, in an executive order titled Ensuring Lawful Governance and Implementing the President’s “Department...more
On January 16, 2025, the Federal Trade Commission (FTC) and the U.S. Department of Justice, Antitrust Division (collectively, the Agencies) released the updated Antitrust Guidelines for Business Activities Affecting Workers...more
In August 2024, the Department of Justice (DOJ) and eight states filed a civil antitrust lawsuit against RealPage Inc., alleging that its software was used to unlawfully decrease competition among landlords and maximize...more
1/17/2025
/ Antitrust Division ,
Antitrust Violations ,
Competition ,
Consent Decrees ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Landlords ,
Personal Data ,
Personal Information ,
Real Estate Market ,
Settlement Agreements ,
Software ,
Unfair Competition
On October 7, 2024, the National Labor Relations Board’s (Board) General Counsel, Jennifer Abruzzo, issued a memorandum urging the Board to find certain non-compete provisions unlawful and to remedy any related infringement...more
On May 8, 2024, Chief Judge Miranda Du of the U.S. District Court for the District of Nevada granted defendants’ motion to dismiss with prejudice the complaint in Gibson v. Cendyn Group, LLC, Docket No. 2:23-cv-00140-MMD-DJA,...more
On October 30, 2023, President Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” (AI EO). At 63 pages, the AI EO outlines a comprehensive framework for...more
11/10/2023
/ Algorithms ,
Anti-Competitive ,
Antitrust Provisions ,
Artificial Intelligence ,
Automation Systems ,
Biden Administration ,
Competition ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Machine Learning ,
Semiconductors
On October 5, 2023, the Brookings Institution hosted an event entitled “A conversation with FTC Chair Lina Khan and DOJ Assistant Attorney General Jonathan Kanter on antitrust enforcement.” The discussion was moderated by the...more
On October 4, 2023, the U.S. Department of Justice (DOJ) announced a uniform approach for the resolution of voluntary self-disclosure (VSD) of misconduct discovered during M&A due diligence. The Mergers & Acquisitions Safe...more
Companies pursuing acquisitions that require a filing in the United States under the Hart-Scott-Rodino Act (HSR) may, by year-end, face vastly expanded disclosure requirements necessitating far greater investments in time,...more
CYBERSECURITY -
Joint Advisory on MOVEit Transfer Vulnerability Published -
CISA and FBI have issued a joint advisory on the MOVEit transfer vulnerability that should be on the radar of CISOs and IT professionals. The...more
Mandatory Antitrust Training that Addresses the Risks of AI. Many previously-effective compliance programs have not incorporated the topic of AI or its concomitant risks. At a minimum, individuals should not reach an...more
In Topkins, discussed in Part I, the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement. The more vexing question facing antitrust enforcers is the issue of tacit...more
This blog post is the first in a three-part series exploring the intersection between AI and antitrust.
The first blog post in this series discusses the U.S. Department of Justice, Antitrust Division’s (Division) first...more
On January 23, 2023, the Federal Trade Commission (FTC) enacted the most radical change to Hart-ScottRodino Act (HSR) filing thresholds in decades. Pursuant to the Merger Filing Fee Modernization Act of 2022, which was signed...more
On January 5, 2023, Federal Trade Commission (FTC) Chair Lina Khan announced a proposed federal regulation that, if enacted, would invalidate non-competes and similar restrictive covenants that are routinely used by companies...more
1/10/2023
/ Anti-Competitive ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Manufacturers ,
Non-Compete Agreements ,
Regulatory Agenda ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
On December 9, 2022, the U.S. Department of Justice, Antitrust Division and the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) (collectively, the Agencies) formalized their long-standing...more