News & Analysis as of

Department of Justice (DOJ) Sensitive Business Information

Ankura

[Webinar] Live Masterclass: Practical Approaches to Preventing Access to American’s Sensitive Data under Executive Order 14117 -...

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Join us for an exclusive CLE-eligible live masterclass with cybersecurity, data privacy, and international trade professionals from Baker McKenzie and Ankura, where they will share how to implement a successful Data Security...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

Alston & Bird

Collaborating Effectively Within Your Organization During Internal Investigations

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Our White Collar, Government & Internal Investigations Team offers effective and actionable best practices for companies to follow in conducting their internal investigations....more

Ropes & Gray LLP

DOJ Issues Notice of Proposed Rulemaking to Restrict Flow of Bulk Sensitive Personal Data to China and other Countries of Concern

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On October 29, 2024, the Department of Justice (“DOJ”) published its Notice of Proposed Rulemaking (“NPRM”) to implement President Biden’s Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data...more

King & Spalding

Reconsider That Term Sheet: DOJ "Safe Harbor Policy" Announcement Incentivizes Merger-Related Disclosures

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On October 4, 2023, the Department of Justice’s (“DOJ”) Deputy Attorney General Lisa Monaco announced a new “Mergers & Acquisitions Safe Harbor Policy” (“M&A Safe Harbor Policy” or “Policy”) for companies that voluntarily...more

Lowenstein Sandler LLP

Is It Still Safe To Exchange Wage and Other Compensation-Related Information?

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Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the...more

Mintz - Antitrust Viewpoints

Foul Play: DOJ Files Lawsuit and Proposed Consent Decrees with Poultry Processors over Wage Suppression Conspiracy

On July 25, 2022, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a civil complaint in the U.S. District Court for the District of Maryland alleging that poultry processors, Cargill Inc. and Cargill...more

Proskauer - Minding Your Business

The Sound of “Silent Attorneys”: DOJ Alleges Google Fakes Attorney-Client Privilege by CCing Lawyers Who Never Respond

If a request for legal advice goes unanswered, is it really a request for legal advice? According to the U.S. Department of Justice and several state attorneys general (“DOJ Plaintiffs”) in an antitrust action against...more

King & Spalding

DOJ Announces Civil CyberFraud Initiative to Use False Claims Act to Enforce Cybersecurity Standards in Government Contracts

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On October 6, the Deputy Attorney General (“DAG”) announced a new Department of Justice (“DOJ”) Civil Cyber-Fraud Initiative – an effort that pulls together attorneys and experts across DOJ focused on fraud enforcement,...more

Stinson - Government Contracting Matters

DOJ Warns Against Travelling with Sensitive Information in Contravention of Export Controls

On November 18, 2020, the Department of Justice (DOJ) announced that a Chinese national and naturalized citizen of the United States was sentenced to 38 months in prison for travelling to China with unclassified...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Release Draft Vertical Merger Guidelines

As anticipated, on January 10, 2020, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) released Draft Vertical Merger Guidelines (Draft Guidelines), marking the first update...more

Herbert Smith Freehills Kramer

Practical Pointers for Pre-Merger Information Exchange in Transactions Between Competitors

M&A Monitor focuses on legal issues of interest to M&A practitioners for private and closely held companies, providing explanation, analysis and practical application on timely topics....more

Orrick - Antitrust Watch

No HSR Filing Means No Antitrust Issues? Think Again!

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My transaction does not require an HSR filing. That means we don’t have to worry about potential antitrust issues, right? WRONG. The HSR Act requires that parties to certain transactions submit a premerger notification...more

Epstein Becker & Green

Confidentiality of HSR Submissions

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Parties involved in health care transactions subject to the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act (“HSR” or “Act”) frequently ask whether submission of the HSR Notification and Report...more

Jones Day

FTC Warns Parties on Information Exchanges During M&A Due Diligence

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The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger...more

McDermott Will & Emery

DOJ Continues to Monitor Interlocking Corporate Directorates with Restructuring of Tullett Prebon’s Acquisition of ICAP

On July 14, 2016, the US Department of Justice (DOJ) announced that the restructuring of a planned $1.5 billion transaction between Tullett Prebon Group Ltd. (Tullett Prebon) and ICAP plc adequately addresses the DOJ’s...more

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