News & Analysis as of August 7, 2025

Mergers

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Healthcare Private Equity Investment: As Federal Headwinds Subside, a Gale Warning Goes Up in Many States

Benesch on 2/26/2025

Private equity (PE) investment in the U.S. healthcare sector faces a complex and evolving regulatory and legislative landscape. Both federal and state authorities are intensifying scrutiny of PE investment, driven by concerns...more

I Heart FTC: Proposed New York Bill Would Continue Biden FTC’s Antitrust Vision and Policies

Mintz on 1/31/2025

After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more

FTC Proposes Sweeping Changes to US Merger Filing Requirements

Bracewell LLP on 7/7/2023

On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more

The Informed Board - Spring 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 5/25/2023

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

Be Prepared: Aggressive Antitrust Enforcement Is Back

Bass, Berry & Sims PLC on 8/10/2021

This summer has seen a flurry of bold antitrust announcements from the Biden administration. By issuing a sweeping executive order calling for numerous changes to antitrust enforcement and by naming progressive favorites and...more

What health systems should know about President Biden’s Executive Order Promoting Competition

Hogan Lovells on 7/20/2021

On 9 July 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy (“EO”) that takes aim, in part, at the healthcare industry. ...more

Executive Order Throws Down the Gauntlet for a New Era of Antitrust Enforcement

Troutman Pepper Locke on 7/16/2021

On July 9, President Biden signed an executive order on promoting competition in the American economy, listing broad priorities for antitrust enforcement. In conjunction with this order, the Federal Trade Commission (FTC) and...more

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

Foley & Lardner LLP on 7/15/2021

On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on 7/15/2021

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Potential Impacts on Financial Services Providers of New Biden “Promoting Competition” Order

Poyner Spruill LLP on 7/12/2021

On July 9, 2021, President Joe Biden signed a sweeping document titled “Executive Order on Promoting Competition in the American Economy.” The President’s stated intentions are to implement a “whole-of-government effort”...more

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