News & Analysis as of

Federal Trade Commission (FTC) Due Diligence

Morrison & Foerster LLP

The FTC Gives the Merchant of Record Model a Paddling

The Federal Trade Commission (FTC) recently settled an enforcement action with Paddle.com, a U.K.-based payments company, and its U.S. subsidiary (“Paddle”). The settlement resolves claims against Paddle for violation of the...more

Guidepost Solutions LLC

Hostile Or Not, Every Merger Brings A Battle

The merger landscape in the United States is shifting once again. After a period marked by stricter antitrust enforcement and skepticism toward merger transactions, recent developments suggest a renewed openness to structural...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

Foley & Lardner LLP

Weathering the Storm: Key M&A Considerations for Foreign Investors Entering the U.S. Market

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Cross-border merger and acquisition (M&A) activity in 2025 will be shaped by tumultuous economic, legal, and regulatory change. Driven by the new U.S. administration’s dramatic shift in policies and priorities, developments...more

Mintz - Antitrust Viewpoints

FTC Blog Outlines Factors for Companies to Consider About AI — AI: The Washington Report

The FTC staff recently published a blog post outlining four factors for companies to consider when developing or deploying AI products to avoid running afoul of the nation’s consumer protection laws. The blog post does...more

Arnall Golden Gregory LLP

Best Practices for Brands in Connection With Celebrity Endorsements, Testimonials, and Influencer Marketing Activities

On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the...more

Axinn, Veltrop & Harkrider LLP

Takeaways from the FTC’s Victory in the Tapestry/Capri “Accessible Luxury Handbags” Merger Challenge

Many observers viewed the FTC’s case challenging the Tapestry/Capri merger based on a relevant product market of “accessible luxury handbags” with skepticism. The market definition seemed (and still seems) gerrymandered to...more

King & Spalding

HSR Final Rule

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Major New - Requirements On October 10, 2024, the Federal Trade Commission (“FTC”) approved new rules for reporting mergers and acquisitions to the FTC and the Department of Justice (DOJ) under the Hart-Scott-Rodino...more

Seyfarth Shaw LLP

Dealer Group Sues FTC to Enjoin Administrative Proceeding Over Alleged Junk Fees and Discriminatory Lending Practices - Seyfarth's...

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On October 4, 2024, Asbury Automotive Group, a Fortune 500 company and one of the largest automobile dealer groups in the United States, sued the Federal Trade Commission (FTC) to enjoin as unconstitutional the FTC’s...more

Paul Hastings LLP

Public Company Watch: September 2024

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In the September edition of our Public Company Watch, we cover key issues impacting public companies, including updates regarding the most recent amendments to the Delaware General Corporate Law and the EU’s Corporate...more

Lighthouse

Navigating Antitrust Enforcement: The Supreme Court Decision on Chevron Doctrine

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Summary: Understanding the context of the Chevron doctrine decision is important to prepare for the unpredictability of antitrust enforcement. Our recommendations for in-house counsel help to jumpstart your game plan....more

Foley & Lardner LLP

What Every Multinational Company Should Know About ...“Made in USA” Labeling Requirements

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Many Americans value domestically made goods. A “Made in USA” label can hold special meaning for these consumers, as it serves as a symbol of patriotism, a sign of quality craftsmanship, and a show of solidarity with local...more

Baker Botts L.L.P.

Intellectual Property Report

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Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more

Alston & Bird

Structured Finance Spectrum - Summer 2024

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Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures....more

Husch Blackwell LLP

Healthcare Founders Face New Exit Considerations

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Exiting a business, whether you are a serial entrepreneur looking to move on to the next project or a healthcare provider like a physician or therapist who has nurtured your practice for decades, can be difficult. After all,...more

Troutman Pepper Locke

Checking the Pulse: An Approach to Telehealth Privacy and Cybersecurity Due Diligence

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In the rapidly evolving landscape of health care, the surge in telehealth has been nothing short of revolutionary. This digital transformation, while offering unprecedented access to health care services, also introduces a...more

HaystackID

The Pulse of M&A Activity: January 2024 HSR Transactions and Economic Analysis

HaystackID on

Editor’s Note: The Hart Scott Rodino Act (HSR Act), a pivotal federal law, mandates companies to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) before finalizing mergers or acquisitions...more

Quarles & Brady LLP

Privacy Priorities for 2024 (and Beyond)

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The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon....more

Troutman Pepper Locke

Troutman Pepper Weekly Consumer Financial Services Newsletter - January 2024 # 3

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Jenner & Block

Client Alert: How Regulatory Events of 2023 Should Guide Financial Institutions' New Year's Resolutions for 2024

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As consumer-facing financial institutions of all types—from well-established banks to newly-launched fintechs—set their 2024 regulatory compliance goals, they may wonder if their New Year’s resolutions align with those that...more

Mandelbaum Barrett PC

Veterinary Law Newsletter: Volume 25

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Exciting news from the National Veterinary Law Group at Mandelbaum Barrett PC! Our latest newsletter is here, and it’s packed with valuable insights for the veterinary industry. In this issue, you’ll find informative articles...more

Foley & Lardner LLP

Navigating the AI Frontier: Legal and Operational Insights Into Generative AI

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In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more

Paul Hastings LLP

Safe Harbor in the Coming Enforcement Storm? DOJ Announces New M&A Policy to Encourage Compliance

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On October 4, 2023, Deputy Attorney General Lisa Monaco (the “DAG”) announced a new Mergers & Acquisitions (“M&A”) Safe Harbor Policy issued by the Department of Justice (“DOJ”) as part of her comments detailing increased...more

Gardner Law

FDA Regulatory, Compliance, and Privacy Due Diligence — Finding Your Goldilocks Zone

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When conducting due diligence of an FDA-regulated company, there are several important questions that should be posed. These include questions relating to regulatory, compliance, and privacy matters. For example, questions...more

Morgan Lewis

INFORM Act Imposes New Due Diligence Rules to Protect Consumers

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The INFORM ACT represents a legislative effort to protect consumers from unknowingly purchasing stolen, counterfeit, or unsafe consumer products from online sellers. With a June 27, 2023 compliance deadline, operators of...more

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