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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
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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 …

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  
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D&O Diary
SEC Group Guides on AI Disclosure
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SEC Sentinel
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Firms Fare Well in Entire Fairness Trials
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SEC Mulls New Anti-Proxy Adviser Plan
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AI Threatens the Billable Hour
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Netflix Tops Warner Bros. Bids
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Fox News
SEC Ups Chinese Firm Scrutiny in U.S.
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Virtu to Pay $2.5 Million in SEC’s Client Trading Data Case
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SEC Earnings Fraud, Audit Cases Plunge
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Comcast Bid Seeks to Merge NBCUniversal With Warner Bros.
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D&O Diary
Big AI Investments Mute Tariff Impact
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Law.com
SEC Closes New Fyre Festival Probe
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Securities Regulation and Corporate Governance Monitor
California Says It Will Not Enforce Climate-Related Risk Reporting Law
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Bloomberg
Trump Commutes Sentence of GPB Capital Founder David Gentile
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Court Upholds U.S. Attorney Ouster
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Airbus Hit With New A320 Problem
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OpenAI Takes Stake in Thrive Holdings
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Black Friday Sales Hit Record High
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D&O Diary
Delaware Legal Fee Awards Excessive?
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Bloomberg
SEC Power to Recoup Illegal Profits at Risk as Supreme Court Eyes Case
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Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Finds Waiver of Privilege Despite Inadvertent Disclosure
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“In Connection With” Strikes Again
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Court Blocks California Climate Rules
November 25, 2025
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Fed, Big Tech Lift Investors’ Spirits
November 25, 2025
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Four Apple Executives Are Top Contenders to Succeed CEO Tim Cook
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Reuters
Alphabet Nears $4 Trillion Market Value
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Bloomberg
Hassett Emerges as Fed Frontrunner
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U.S. to Skip Publication of Initial Third-Quarter GDP Estimate
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Comey, James Charges Dismissed
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OFAC Sanctions Colombia’s President
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Cooley Securities Regulation
SEC Chair Offers Vision for Crypto Regs
November 24, 2025
Corporate & Securities Law Blog
Delaware Courts Limit Noncompete Enforcement in Incentive Plans
November 24, 2025
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UK Daily Mail Owner to Buy Telegraph
November 23, 2025
Corporate Governance
SEC Posts First “Reasonable Basis” Notice for Pending No-Action Request
November 23, 2025
Cleary Enforcement Watch
SEC 2026 Exam Priorities Change Little
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Financial Times
Make Insider Trading Thing of the Past
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Delaware Chancery Levies Fees for Lack of Candor Causing Discovery Abuses
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Trump Plans Offshore Drilling Expansion
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New York Times
Yen for Low Prices Boosts Walmart Sales
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BIS Suspends “Affiliates Rule” on Exports
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The Governance Beat
Ninth Circuit Temporarily Freezes California Climate Reporting
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Sidley Enhanced Scrutiny
Delaware Chancery Limits Personal Jurisdiction in Crypto Theft Case
November 20, 2025
Bloomberg
Nvidia’s Huang Dismisses Bubble Fears
November 19, 2025
Reuters
Trump Mulls Preempting State AI Laws
November 19, 2025
Wall Street Journal
October Jobs Data Not Forthcoming
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New York Times
Saudi Arabia Backs Elon Musk’s xAI
November 19, 2025
Brookings
Merge CFTC, SEC to Regulate Digital
November 19, 2025
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The Latest on No-Action Letter Changes
November 18, 2025
Wall Street Journal
Meta Defeats FTC Antitrust Case
November 18, 2025
Bloomberg
Elliott Wins CEO Change at Rexford
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D&O Diary
SEC Enforcement Actions Decline
November 18, 2025
Reuters
SEC Eases 2026 Crypto Sector Exams
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Wall Street Journal
Firm Layoff Tactics Keep Changing
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New York Times
Crypto Flooded With Dirty Billions
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The Governance Beat
SEC Exits Investor Proposal Processing
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Delaware Corporate & Commercial Litigation Blog
Chancery Rules Bank Directors Face Liability for Illegal Overdraft Issue
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November 17, 2025
Bloomberg
Zero-Day Options Limit Stock Rallies
November 16, 2025
Securities and Exchange Commission
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Securities Regulation and Corporate Governance Monitor
SEC Registration Tips Post-Shutdown
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Coinbase DExits to Pro-Crypto Texas
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Business Law Prof Blog
How Trump Can Hurt Proxy Advisers
November 16, 2025
Bloomberg
Warner Bros. Shields CEO Pay in a Sale
November 13, 2025
Reuters
Verizon to Cut About 15,000 Jobs
November 13, 2025
Wall Street Journal
Paramount, Comcast, Netflix Prepare Bids for Warner as Deadline Nears
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New York Times
UK OKs Small Nuclear Reactor in Wales
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The Governance Beat
White House Mulls Proxy Adviser Limits
November 13, 2025
Bloomberg
October Jobs, CPI Data Reveal Unlikely
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Wall Street Journal
U.S. Mints Its Final Pennies
November 12, 2025
The Governance Beat
Microsoft Excludes Shareholder Proposal Without No-Action Relief
November 12, 2025
The Block
SEC Chair Unveils “Token Taxonomy”
November 12, 2025
Deal Lawyers.com
Delaware Chancery Rules M&A Choice-of-Law Clause Covers Defamation
November 12, 2025
Bloomberg
CFPB Says Money Poised to Run Out
November 11, 2025
The Governance Beat
More Vanguard Funds Get Voting Choice
November 11, 2025
Washington Post
DOJ Struggles as Thousands Exit
November 11, 2025
Dealbook
SoftBank Sells Nvidia Stake to Pay for AI
November 11, 2025
D&O Diary
Backdoor Class Actions Thriving in UK
November 11, 2025
Wall Street Journal
Tariff Case May Define Scotus Chief
November 10, 2025
Bloomberg
BlackRock Faces 100% Private Loan Loss
November 10, 2025
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Will Musk Get the $1 Trillion?
November 10, 2025
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First Brands Sues Founder: Misconduct
November 10, 2025
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Is SEC Regulation by Enforcement Dead?
November 10, 2025
Bloomberg
Inflation Data Fog Thickens for Fed
November 9, 2025
Reuters
Retailers Promise Cheaper Thanksgiving
November 9, 2025
Wall Street Journal
Visa, Mastercard Near Merchants Deal
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Debt Has Entered the AI Boom
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Tariffs Securities Suit Hits Carmax
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