News & Analysis as of

Competition Executive Orders Biden Administration

Wiley Rein LLP

New DOJ Task Force Seeks Input on State and Federal Laws that Impede Competition and Innovation

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On March 27, 2025, the U.S. Department of Justice’s (DOJ) Antitrust Division announced the formation of a Task Force on anticompetitive regulations “to advocate for the elimination of anticompetitive state and federal laws...more

Bass, Berry & Sims PLC

Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts

Bass, Berry & Sims PLC on

On January 21, in MVL, Inc., et al. v. United States, the U.S. Court of Federal Claims (COFC) struck down a 2022 Executive Order (EO), as well as the implementing Federal Acquisition Regulation (FAR), signed by then-President...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI: Broad Biden Order Is Withdrawn, but Replacement Policies Are Yet To Be Drafted

On January 23, 2025, President Donald Trump issued an executive order titled “Removing Barriers to American Leadership in Artificial Intelligence” (Trump AI Executive Order). The Trump AI Executive Order assigns select...more

Bradley Arant Boult Cummings LLP

Biden’s Executive Order on Project Labor Agreements Violates CICA

In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more

Holland & Knight LLP

Court Finds Project Labor Agreement Mandate Unlawful

Holland & Knight LLP on

Judge Ryan T. Holte of the U.S. Court of Federal Claims ruled on Jan. 19, 2025, in favor of federal contractors who challenged a requirement to enter into a collective bargaining agreement with labor organizations regarding...more

Kilpatrick

Collaboration with Unions No Longer Required for Large-Scale Federal Construction Projects

Kilpatrick on

On January 20, 2024, the U.S. Court of Federal Claims struck down a 2022 Executive Order which required construction contractors to collaborate with unions in order to be considered for large-scale federal construction...more

Schwabe, Williamson & Wyatt PC

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more

Mintz - Antitrust Viewpoints

The Biden Administration Issues National Security Memorandum on AI – AI: The Washington Report

On October 24, the Biden administration issued the first-ever National Security Memorandum (NSM) on AI. Pursuant to the Biden administration’s Executive Order on AI, the NSM outlines concrete actions for federal agencies to...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Competition Crosshairs on the Food and Beverage Industry: DOJ and FTC Priorities in a Changing Administration - November...

Antitrust has taken center stage under the Biden Administration, and the Food and Beverage industry has been one of the main targets of increased enforcement by the Federal Trade Commission (“FTC”) and Department of Justice,...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

BakerHostetler

Administration Launches Antitrust-Focused Strike Force

BakerHostetler on

On March 5, President Joe Biden launched the Strike Force on Unfair and Illegal Pricing (Strike Force) for the purpose of implementing policies in his July 9, 2021 Executive Order on Promoting Competition in the American...more

Sunstein LLP

The Executive Order on Artificial Intelligence: Implications for the Semiconductor Industry

Sunstein LLP on

On October 30, 2023, President Biden issued an Executive Order (EO) regarding Artificial Intelligence. The EO noted that availability of semiconductors is critical to implementing AI and laid out several mandates for the...more

Latham & Watkins LLP

FTC Refines Road Map for AI Enforcement

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The agency’s latest report and recent statements indicate its potential enforcement and regulatory priorities regarding artificial intelligence. On December 18, 2023, the Federal Trade Commission (FTC) released a report...more

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

Sheppard Mullin Richter & Hampton LLP

The March on Pharmaceutical Patents?

December 7, 2023, President Biden announced new actions to promote competition in health care and to lower prescription drug costs. Of particular note is a newly unveiled framework for deciding whether the Government may...more

Foley & Lardner LLP

Biden Administration Announces New Efforts to Promote Competition in Health Care

Foley & Lardner LLP on

On December 7, 2023, the Biden Administration announced several new initiatives intended to “promote competition” in the health care sector. These initiatives reflect a broad range of concerns about rising costs in health...more

BakerHostetler

Decoding the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

BakerHostetler on

On Oct. 30, the Biden administration took a decisive step into the future by issuing the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence....more

Dorsey & Whitney LLP

AI and Healthcare: More Guidance and Regulations are Coming to Town

Dorsey & Whitney LLP on

There is no doubt that artificial intelligence (“AI”) and more specifically, generative AI, is one of the hottest topics in healthcare for 2023. There is also no doubt that it will continue to be a hot topic into 2024 and...more

Benesch

President Biden’s Executive Order on Artificial Intelligence Provides Important Initial Guidelines in Governmental Regulation for...

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With growing concerns related to how artificial intelligence is developed, regulated, and implemented in the United States, this Executive Order represents possibly the first of several governmental actions to address this...more

Eversheds Sutherland (US) LLP

The highly-anticipated US Executive Order on artificial intelligence: Setting the agenda for responsible AI innovation

On October 30, 2023, the Biden Administration issued the groundbreaking Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Order), which sets in motion a comprehensive...more

Robinson+Cole Data Privacy + Security Insider

The AI Executive Order and Antitrust Enforcement: An Uncertain Future

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

Patterson Belknap Webb & Tyler LLP

Biden Administration Issues Executive Order Regarding Safety, Security, and Trustworthiness of AI

On October 30, 2023, the White House issued an Executive Order to address the growing innovations—and attendant concerns—regarding artificial intelligence (“AI”). The Executive Order is the first federal attempt to broadly...more

Hogan Lovells

Competition considerations featured in President Biden’s Executive Order on Artificial Intelligence

Hogan Lovells on

On October 30, 2023, President Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The Order, which recognizes AI’s extraordinary potential but also the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

AI and Accountability: A Look at the President's New Executive Order

After observing that “Artificial intelligence offers enormous promise and great risk,” the Biden administration recently announced an Executive Order (the “Order”) setting the table for future government action in this...more

Pillsbury Winthrop Shaw Pittman LLP

President Biden Issues Long-Awaited Executive Order on Safe, Secure and Trustworthy Artificial Intelligence

n October 30, President Biden issued the long-awaited Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), the first order to navigate AI’s impact across sectors and to...more

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