Over the past year, the Department of Justice (“DOJ”) has increasingly been hot on the heels of suspected anti-competitive labor violations. To date, the DOJ has brought a few actions against employers across industries...more
In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more
2/7/2022
/ Acquisition Agreements ,
Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Review ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Certiorari ,
Competition ,
Constitutional Challenges ,
Due Process ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
FTC Act ,
Merger Controls ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation
“Mark my words: Change is coming. Laws are coming.” That was the warning David Cicilline (D-RI) – the House Judiciary Antitrust, Commercial, and Administrative Law Subcommittee Chairman – gave on February 25th at the first in...more
In the wake of the coronavirus pandemic's ravage on industries, markets, and entire economies, businesses are seeking help from the government, whether in the form of a bailout or some regulatory accommodation. Industries...more
Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement. But when one of the parties is a purported class, and the allegation is an antitrust violation, settlement and...more
7/1/2016
/ Abuse of Discretion ,
Antitrust Violations ,
Class Action ,
Class Members ,
Confidentiality Agreements ,
FRCP 23 ,
Health Insurance ,
Motion To Intervene ,
Non-Disclosure Agreement ,
Price-Fixing ,
Sealed Records ,
Settlement ,
Vacated