On April 28, 2023, U.S. District Judge Victor A. Bolden issued the latest blow to the Department of Justice’s (“DOJ”) efforts to criminally prosecute individuals who engage in “no-poach” agreements by granting the defendants’...more
What is meta-discovery?
Discovery on discovery, or meta-discovery, is discovery directed at the manner and methods that opposing counsel used to locate, preserve, search, review, and produce relevant information....more
Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more
2/24/2023
/ Algorithms ,
Antitrust Provisions ,
Artificial Intelligence ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Healthcare ,
Information Sharing ,
Machine Learning ,
OIG ,
Sherman Act ,
The Clayton Act
On January 5, 2023, the Federal Trade Commission (“FTC”) announced plans to prohibit employers from imposing or enforcing non-compete clauses in agreements with workers, including employees and independent contractors, in...more
1/9/2023
/ Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
NPRM ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
Just days after securing its first Section 2 conviction in over 40 years in United States v. Zito on October 31, 2022,1 the U.S. Department of Justice (“DOJ”) again wielded its once-neglected ability to criminally enforce...more
On September 15, 2022, the Department of Justice (“DOJ”) sued to block ASSA ABLOY AB’s (“ASSA ABLOY”) proposed $4.3 billion acquisition of the Hardware and Home Improvement division of Spectrum Brands Holdings Inc....more
On July 27, 2022, the Federal Trade Commission (“FTC”) voted 3-2 to sue in federal district court to block Meta Platforms, Inc.’s (“Meta”) acquisition of Within Unlimited, Inc. (“Within”), a virtual reality (“VR”) app...more
In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division (“the Division”). The trials were considered bellwethers in gauging how the...more
On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more