News & Analysis as of

Department of Justice (DOJ) Immunity

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Decision on Presidential Immunity in Trump v. United States

On July 1, 2024, the U.S. Supreme Court released its opinion in Trump v. United States. The six-Justice majority concluded that the President of the United States is entitled to at least a presumption of immunity from...more

Cranfill Sumner LLP

The Department of Justice Unveils Groundbreaking Pilot Program: Incentivizing Whistleblowers with Immunity

Cranfill Sumner LLP on

On April 15, 2024, the Department of Justice (“DOJ”) released an internal memo introducing a Pilot Program on Voluntary Disclosures intended to encourage individuals – from executives to lower-level employees – to report...more

Zuckerman Spaeder LLP

Carroll v. Trump, Redux: Why Would Congress Want to Have State Law Determine the President's Scope of Employment When the...

Zuckerman Spaeder LLP on

The Justice Department’s invited amicus curiae brief in Blassingame v. Trump1 exposes another anomaly in treating the President’s scope of employment as a question of state tort law for purposes of the Westfall Act. In...more

Vinson & Elkins LLP

A New Filter For Section 230: Snapchat Court Joins Lawmakers In Chipping Away At Social Media Immunity

Vinson & Elkins LLP on

Section 230(c)(1) of the Communications Decency Act (codified at 47 U.S.C. § 230 (“Section 230”)) has long been credited for the boom of user generated content on the internet — the crux of social media that has driven the...more

Proskauer - New Media & Technology

DOJ Submits CDA Reform Proposal to Congress to Curtail Protections for Online Platforms

Section 230 of the Communications Decency Act, 47 U.S.C. §230 (“Section 230” or the “CDA”), enacted in 1996, is generally viewed as the most important statute supporting the growth of Internet commerce. The key provision of...more

Pillsbury - Internet & Social Media Law Blog

EARN IT Act Amendments Could Shift Section 230 Protection from DOJ Guideline Compliance to Post Hoc Enforcement Regime

It has been a little more than a month since the Department of Justice (DOJ) made their formal recommendations to lawmakers on how to limit the scope of the broad immunity given to interactive computer service companies,...more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: April 20-24, 2020

Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below....more

Perkins Coie

Antitrust and COVID-19: Antitrust Immunity and Emergency Federal Powers

Perkins Coie on

There are many ways that companies can cooperate with each other to combat COVID-19 without running afoul of antitrust laws. But companies considering cooperating with competitors should be aware of and assess potential...more

Jackson Walker

First Amendment Watchdogs Warily Regard Passage of FOSTA

Jackson Walker on

In March, the Senate almost unanimously passed the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). On April 11, President Trump signed FOSTA into law. As the name implies, Congress’ goal is to give law...more

McDermott Will & Emery

THE LATEST: Acting AAG Clarifies Scope of Amnesty for Executives

The US Department of Justice (DOJ) Antitrust Division (the Division) offers leniency to the first company to contact the Division and acknowledge participation in an antitrust conspiracy such as price-fixing, bid-rigging or...more

Miller Canfield

Justice Department Policy Changes Limit Avenues of Immunity for Antitrust Crimes

Miller Canfield on

The United States Department of Justice (DOJ) Antitrust Division offers immunity from prosecution to applicants who are the first to self-report antitrust violations. That immunity carries with it limited protection from...more

The Volkov Law Group

The Challenges Facing the Antitrust Leniency Program and the Yates Memorandum

The Volkov Law Group on

The Justice Department’s Antitrust Division has a long history of independence within the US Department of Justice. Antitrust enforcement was considered a unique area requiring a specialized understanding of markets and...more

Skadden, Arps, Slate, Meagher & Flom LLP

"DOJ Updates Leniency Program FAQs"

The Department of Justice (DOJ or Department) released updated guidance on the Antitrust Division’s Leniency Program, on January 17, 2017. The Leniency Program allows corporations and individuals who self-report their cartel...more

Holland & Knight LLP

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

Holland & Knight LLP on

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

Porter Hedges LLP

Business Litigation Alert: "Expanding Whistleblower Protection - Recent Senate Bill Represents Big Changes"

Porter Hedges LLP on

A new bill unanimously passed the U.S. Senate in July that could make it significantly more difficult for general counsel when considering whether to self-report antitrust issues. The Criminal Antitrust Anti-Retaliation Act...more

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