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  • John C. Coffee, Jr. – Boeing and the Future of Deferred Prosecution Agreements By John C. Coffee, Jr.
  • Leveraging Information Forcing in Good Faith By Hillary Sale
  • The Dark Side of Safe Harbors Comment bubble 2 By Susan C. Morse
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  • Compliance’s Next Challenge: Polarization By Miriam H. Baer
  • Will the Common Good Guys Come to the Shootout in SEC v. Jarkesy? And Why It Matters By Eric W. Orts
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Paul Weiss Discusses Merger Guidelines Featured in FTC Handbag Case

By Andrew C. Finch, Scott A. Sher, Aidan Synnott, Thomas Rucker and Mark R. Laramie May 7, 2024 by renholding
  • The FTC recently sued to block Tapestry’s proposed acquisition of Capri, alleging that the effect of the combination of the companies’ handbag brands may be to substantially lessen competition.
  • The complaint relies heavily on the December 2023 FTC-DOJ Merger Guidelines
…

Kirkland Discusses Prospect of Comprehensive Nationwide Privacy Legislation

By Olivia Adendorff, P.C., Richard Cunningham, P.C., Lucie Duvall, Christopher Leach and Andrea deLorimier April 29, 2024 by renholding

In the latest effort to enact a federal privacy law, Senator Maria Cantwell (D-WA), Chair of the Senate Committee on Commerce, Science and Transportation, and Representative Cathy McMorris Rodgers (R-WA), Chair of the House Committee on Energy and Commerce, recently …

Wachtell Lipton Discusses FTC’s Sweeping Ban on Employment Non-Competes

By Nelson O. Fitts, Michael J. Schobel and Emily E. Samra April 25, 2024 by renholding

In a public meeting Tuesday, a divided Federal Trade Commission voted along party lines to issue a final rule prohibiting non-compete clauses for nearly all U.S. workers.  The FTC previously published the proposed ban in January 2023, drawing thousands of …

Morrison & Foerster Discusses White House Task Force on Unfair and Illegal Pricing

By Mary Kaiser, Joe Folio, Megan Gerking, David Shaw, Evan Harris and Richelle Gernan April 2, 2024 by renholding

As part of its whole-of-government effort to enforce the antitrust laws, the Biden administration recently launched a new interagency Strike Force on Unfair and Illegal Pricing (Strike Force), which will be co-chaired by the Federal Trade Commission (FTC) and the …

Davis Polk Discusses FTC and DOJ Focus on Private Equity Investment in Healthcare

By Arthur J. Burke, Ronan P. Harty, Mary K. Marks, Howard Shelanski and Jesse Solomon March 13, 2024 by renholding

On March 5, 2024, the FTC, the DOJ and the U.S. Department of Health and Human Services announced that they are seeking public comment on private equity investment in the healthcare sector. The announcement coincided with the FTC’s workshop, Private …

Latham & Watkins Discusses FTC AI Agenda and Novel Impersonation Rulemaking

By Ian Connor, Sy Damle, Michael Rubin, Will Schildknect and Charles Sprague March 11, 2024 by renholding

On February 15, 2024, the Federal Trade Commission (FTC) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) seeking comment on a proposed rule that, if implemented, would prohibit the impersonation of any individual and prohibit companies from supplying technology that …

Paul Weiss Discusses New California Non-Compete Laws

By Jarrett R. Hoffman, Jean M. McLoughlin, Liza M. Velazquez, Pietro J. Signoracci and Rachel Rosenberg January 30, 2024 by renholding
  • California enacted two non-compete laws, Senate Bill 699 (SB 699) and Assembly Bill 1076 (AB 1076), both of which went into effect on January 1, 2024. These laws, discussed in more detail below, add new requirements and penalties to California’s
…

Wachtell Lipton Discusses U.S. M&A Antitrust Enforcement for  2023 and the Year Ahead

By Ilene Knable Gotts, Nelson O. Fitts, Damian G. Didden, Christina C. Ma and Monica L. Smith January 22, 2024 by renholding

In 2023, leadership of the Federal Trade Commission and the Antitrust Division of the Department of Justice maintained an aggressive approach to merger enforcement, investigating and challenging transactions on the basis of a broad range of theories of harm articulated …

Skadden Discusses Merger Enforcement and New Deal Strategies

By Joseph M. Rancour, Maria Raptis, Justine M. Haimi, Michael J. Sheerin and Bradley J. Pierson January 12, 2024 by renholding

Key Points

  • New merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm.
  • Proposed changes to HSR notification will make merger filings more burdensome while providing agencies with more information
…

Sullivan & Cromwell Discusses Final DOJ and FTC Merger Guidelines

By Joseph J. Matelis, Renata B. Hesse, Steven L. Holley and Samantha F. Hynes December 22, 2023 by renholding

In July 2023, the Antitrust Division of the U.S. Department of Justice (the “DoJ”) and the Federal Trade Commission (“FTC”) issued Draft Merger Guidelines (available here) for public comment. As discussed in our prior memorandum to clients (available here…

How to Break Up Amazon

By Peter C. Carstensen and Darren Bush November 22, 2023 by renholding

The Federal Trade Commission has accused Amazon of illegally maintaining its monopoly, extracting supra-competitive fees on merchants that use Amazon’s platform. If and when the fact-finder determines that Amazon violated the antitrust laws, we propose structural remedies to address the …

Sullivan & Cromwell Discusses FTC Rules on Non-Bank Financial Institutions and Data Breaches

By Jared M. Fishman, Nicole Friedlander, Anthony J. Lewis, Shaun Her and Aaron M. Levine November 8, 2023 by renholding

On October 27, 2023, the Federal Trade Commission (“FTC”) voted to approve supplemental amendments to the Safeguards Rule (the “Final Rule”) that will require non-bank financial institutions to notify the FTC electronically as soon as possible, and no later than …

Morrison & Foerster Discusses Antitrust Actions for Third Quarter 2023

By Lisa Phelan, Megan Gerking, Joseph Folio, Rob Manoso and Megan Golden November 2, 2023 by renholding

The third quarter of 2023 was eventful for both domestic and international cartel enforcers.

In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On October 4, 2023, the Deputy Attorney General …

Morrison & Foerster Discusses Agency Actions on “Junk Fees”

By Jeremy Mandell, Julie O’Neill and Rachel Ross October 18, 2023 by renholding

On October 11, 2023, the Federal Trade Commission (FTC) issued a proposed rule to prohibit so-called junk fees, and the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion to large banks and credit unions on charging fees for financial …

Paul Weiss Discusses Proposed Merger Guidelines and Private Equity

By Scott A. Sher, Aidan Synnott, Eyitayo “Tee” St. Matthew-Daniel, Brette Tannenbaum and Michael Vogel September 11, 2023 by renholding

The Antitrust Division of the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) recently released a draft overhaul of their merger guidelines. The merger guidelines are intended to describe how the agencies evaluate mergers and reach decisions on …

Davis Polk Discusses FTC Challenge to Director Interlock at Non-Corporate Entity

By Cody Donald, Ronan P. Harty, Nathan Kiratzis, Howard Shelanski and Jesse Solomon August 29, 2023 by renholding

On August 16, 2023, the U.S. Federal Trade Commission (FTC) announced that it had simultaneously sued and approved a settlement (a consent order) related to the proposed acquisition of EQT Corporation by funds managed by Quantum Energy Partners (Quantum). The …

The Argument for Strong Board Oversight of Artificial Intelligence

By Michael W. Peregrine and Alya Sulaiman July 28, 2023 by renholding

Corporate governance can play an important role in a company’s approach to machine learning technologies such as artificial intelligence (“AI”) and in the mitigation of risks associated with their use.

A thoughtfully developed governance structure for AI will reflect oversight, …

1 Comment  

Paul Hastings Discusses New Draft Antitrust Merger Guidelines

By Michael Wise, Michael Murray and Noah Pinegar July 24, 2023 by renholding

The Department of Justice Antitrust Division and Federal Trade Commission issued new draft Merger Guidelines on July 19 that aim to significantly increase scrutiny of merger activity. The new Merger Guidelines would replace prior pronouncements of antitrust policy from the …

Davis Polk Discusses Antitrust Agencies’ Proposed Overhaul of HSR Filing Requirements

By Ronan P. Harty, Jesse Solomon, Mary K. Marks, Anna M. Kozlowski and Cody Donald July 5, 2023 by renholding

On June 27, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to amend the Hart-Scott-Rodino Act (HSR) Form and Instructions.1  According to FTC Chair Lina Khan’s accompanying statement, the NPRM is the result of …

FTC Chair Lina Khan on Proposed Amendments to Premerger Notification Form and Hart-Scott-Rodino Rules

By Lina M. Khan June 30, 2023 by renholding

Today [June 27], the Federal Trade Commission, with the collaboration and concurrence of the Department of Justice’s Antitrust Division, is issuing a Notice of Proposed Rulemaking (“NPRM”) to amend the Hart-Scott-Rodino (“HSR”) Form and Instructions.1 This marks the first time

…
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Reuters
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M&A Law Prof Blog
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Wall Street Journal
California Ditches Environmental Law
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Bill Gives Chipmakers Bigger Tax Credit
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New York Times
BP Was Once a Hunter, Now Prey
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Reuters
DOGE Eyes SPACs, SEC Policies
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Reuters
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Dealbook
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Shell in Early Talks to Acquire BP
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Reuters
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Dealbook
OpenAI Eyes Autonomous Vehicle Biz
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Reuters
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SEC Scraps Proposed Market Rules
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Google Faces EU Antitrust Setback
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New York Times
WhatsApp Introduces Ads to App
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Reuters
Nippon Steel-U.S. Steel Deal Closes
June 18, 2025
D&O Diary
AI-Washing Suit Hits Healthcare Firm
June 18, 2025
Sidley Enhanced Scrutiny
Delaware Supreme Court Says When Concealment Resets Limitation Period
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June 18, 2025
Wall Street Journal
U.S. Senate Passes Stablecoin Bill
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