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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
  • John C. Coffee, Jr. – Mass Torts and Corporate Strategies: What Will the Courts Allow? By John C. Coffee, Jr.
  • 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
  • Climate Disclosure Line-Drawing and Securities Regulation By Virginia Harper Ho
  • Board Committee Charters and ESG Accountability By Lisa M. Fairfax
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Wachtell Lipton Discusses FTC’s Sweeping Changes to HSR Reporting Obligations

By Ilene Knable Gotts, Christina C. Ma, Monica L. Smith and Gray W. Decker October 15, 2024 by renholding

On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice (“DOJ”), announced the FTC’s unanimous vote to adopt a final rule implementing significant changes to the reporting obligations under …

Wachtell Lipton Discusses the SEC’s Disbanding of Its ESG Enforcement Task Force

By John F. Savarese, Wayne M. Carlin, David B. Anders and Carmen X.W. Lu September 20, 2024 by renholding

The U.S. Securities and Exchange Commission (“SEC”) has disbanded its Climate and ESG Task Force in the Division of Enforcement.  The Task Force was established in March 2021 with the purpose of identifying ESG-related misconduct, including material gaps or misstatements …

Wachtell Lipton Discusses Nationwide Injunction Blocking FTC Non-Compete Ban

By Michael J. Schobel, Erica E. Aho and Jonathan C. Nickas August 26, 2024 by renholding

On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued a permanent injunction setting aside the Federal Trade Commission’s final rule banning non-compete agreements in Ryan LLC v. FTC.  Last …

Simpson Thacher Discusses Texas District Court Decision Staying Non-Compete Ban

By Gregory Grogan, Sara Razi, Abram Ellis, Daniel Venditti and Andrew Kofsky July 19, 2024 by renholding

On July 3, 2024, the United States District Court for the Northern District of Texas issued a preliminary injunction order that enjoins the Federal Trade Commission from enforcing the FTC’s so-called “Non-Compete Rule,” which would have banned most non-competes.[1]…

1 Comment  

Skadden Discusses FTC-DOJ Request for Information on Serial Acquisitions and PE Roll-Ups

By Tara Reinhart, Ken Schwartz, Mike Sheerin, Dave Wales and Julia York June 10, 2024 by renholding

On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify serial acquisitions and …

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 …

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Each business day, our team sifts through blog posts, news stories, and other sources to keep up-to-date on relevant recent developments. The following links will take you to our recommended selections. To see the sources we follow click Filter Sources.

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Bloomberg
Citi to Cut 1,000 Jobs This Week
January 12, 2026
Wall Street Journal
OpenAI Sets Another Super Bowl Ad
January 12, 2026
Dealbook
Fallout From Legal Attack on Powell
January 12, 2026
Securities and Exchange Commission
Deputy Enforcement Heads Named
January 12, 2026
Corporate & Securities Law Blog
Section 16(a) Reporting Applies to Foreign Officers, Directors March 18
January 12, 2026
LinkedIn
SEC Enforcement Strategy: Don’t Enforce
January 11, 2026
Reuters
SEC Nixes Suit Against Rio Tinto Ex-CFO
January 11, 2026
Yahoo Finance
U.S. Supreme Court to Review SEC’s Power to Recoup Illegal Gains
January 11, 2026
Deal Lawyers.com
U.S. Court OKs Advance Notice Bylaw
January 11, 2026
Business Law Prof Blog
The Latest on Forum Selection Bylaws
January 11, 2026
Delaware Business Litigation Report
Chancery Partially Grants Motion to Dismiss Direct Caremark Claims
January 8, 2026
New York Times
Funding May Value Anthropic $350 Bln
January 8, 2026
The Governance Beat
The Most Common AI Risk Factors
January 8, 2026
Bloomberg
War on Iffy Lawsuits Upends SEC’s Role
January 8, 2026
FTI Consulting
PE Holding Periods May Get Longer
January 8, 2026
New York Times
Elon Musk’s xAI Raises $20 Billion
January 7, 2026
D&O Diary
Suit May Preview AI-Bubble Litigation
January 7, 2026
FINRA
SEC Ends Biased Research Settlement
January 7, 2026
Bloomberg
SEC Sees AI-Related Disclosures Soar
January 7, 2026
PwC Blog
PE Investing in Mid-Market Firms Sags
January 7, 2026
Bloomberg
Nvidia CEO “Fine” With Billionaire Tax
January 6, 2026
New York Times
Who Needs More Venezuelan Oil?
January 6, 2026
Freshfields' A Fresh Take
Arizona Supreme Court Rejects “Closely Related Party” Doctrine
January 6, 2026
CoinDesk
Crypto’s Fate in GOP Watchdogs’ Hands
January 6, 2026
ABA Business Law Today
ABA Issues M&A Deal-Points Study
January 6, 2026
Delaware Business Litigation Report
Chancery Keeps Reasonableness Standard in Restrictive Covenant Dispute
January 5, 2026
New York Times
Big Tech Gets What Wants from Trump
January 5, 2026
Freshfields' A Fresh Take
M&A Predictions, Guidance for 2026
January 5, 2026
D&O Diary
The Top 10 D&O Stories of 2025
January 5, 2026
Deal Lawyers.com
Extended Producer Responsibility Laws Raise New Issues for Buyers
January 5, 2026
Bloomberg
GOP-Only Watchdogs Police Wall Street
January 4, 2026
Wall Street Journal
Trump Upends White-Collar Prosecutions
January 4, 2026
Securities and Exchange Commission
Farewell Commissioner Crenshaw
January 4, 2026
Corporate & Securities Law Blog
SEC Proposal Would Give NASDAQ More Discretion to Deny Listings
January 4, 2026
Business Law Prof Blog
Is Walmart Selling Itself as a Tech Firm?
January 4, 2026
Delaware Business Litigation Report
Chancery Keeps Reasonableness Standard in Restrictive Covenant Dispute
December 23, 2025
Freshfields' A Fresh Take
What Bank Regulators May Do in 2026
December 23, 2025
The Governance Beat
EDGAR to Take Five Days Off
December 23, 2025
Securities Litigation & Enforcement
What SEC Enforcement May Do in 2026
December 23, 2025
Securities and Exchange Commission
Retail-Investor Crypto Scheme Nailed
December 23, 2025
Dealbook
Dealmakers Grow Bullish on 2026
December 22, 2025
Sidley Enhanced Scrutiny
California Court Says Federal Forum Clauses Enforceable in Securities Suits
December 22, 2025
Wall Street Journal
The SEC May Make Wall Street Analysts Corrupt Again
December 22, 2025
Deal Lawyers.com
New Defense Act to Prompt Expansion of Outbound Investment Control
December 22, 2025
Business Law Prof Blog
The Lessons of Oklahoma Biz Court
December 22, 2025
Delaware Business Litigation Report
Delaware Chancery Rules in Nonstock Corporation’s Board Removal Case
December 21, 2025
D&O Diary
Securities Lawsuits Related to Data Breaches Hit Two Tech Companies
December 21, 2025
Wall Street Journal
PCAOB to Cut Chair’s Pay by Over Half
December 21, 2025
Securities and Exchange Commission
FTX Consent Judgments Reached
December 21, 2025
Business Law Prof Blog
Musk Pay Ruling Is Politically Expedient
December 21, 2025
New York Times
BP CEO Exits, New Boss Named
December 18, 2025
Freshfields' A Fresh Take
SEC Retires Rigid Compliance System
December 18, 2025
SEC Sentinel
SEC Engages in a Flurry of Activity
December 18, 2025
Lexology
SEC Cybersecurity Rules Taking Effect
December 18, 2025
FactSet
M&A Deal Activity Dropped Last Month
December 18, 2025
New York Times
Warner Bros: Ellisons Misled Investors
December 17, 2025
Bloomberg
Amazon Names New AI Chief
December 17, 2025
D&O Diary
Digital Ad Analytics Firm Hit With Securities Suit for Understating AI Risk
December 17, 2025
Securities and Exchange Commission
California Spoofing Case Settles
December 17, 2025
Cooley M&A
Beware M&A Deal Jumping
December 17, 2025
Wall Street Journal
Travel Ban to Cover More Countries
December 16, 2025
Bloomberg
Warner Bros to Reject Paramount Bid
December 16, 2025
Delaware Business Litigation Report
Chancery Nixes Fraud, Aiding-Abetting Claims Against Seller, Controller
December 16, 2025
Dealbook
New Data Won’t Settle Rate Debate
December 16, 2025
D&O Diary
Are ESG Shareholder Proposals Over?
December 16, 2025
Delaware Business Litigation Report
Chancery Nixes Challenge to Voting Agreement in Director Removal Case
December 15, 2025
Dealbook
SpaceX May Soon Launch an IPO
December 15, 2025
D&O Diary
U.S. Brings Criminal Tariff Evasion Enforcement Action
December 15, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Strikes Affirmative Defense of Fraudulent Inducement
December 15, 2025
Deal Lawyers.com
Bandera Fund Case Back in Chancery
December 15, 2025
Business Law Prof Blog
Trump Takes Aim at Proxy Advisers
December 14, 2025
D&O Diary
Does Issuance of Stock to Settle a Shareholder Suit Constitute “Loss”?
December 14, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Affirms High Bar for Challenging Advance Notice Bylaws
December 14, 2025
Bloomberg
Bill Would Force SEC Disclosure of Stock Trades by Foreign Insiders
December 14, 2025
New York Times
Trump Arrives, SEC Retreats on Crypto
December 14, 2025
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