News & Analysis as of

Federal Trade Commission (FTC) Criminal Liability

Troutman Pepper

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Troutman Pepper on

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Manatt, Phelps & Phillips, LLP

[Webinar] How to Navigate the Regulatory Trend to Ban and Criminalize Noncompetes - February 7th, 10:00 am - 11:00 am PT

On the heels of the Federal Trade Commission’s (FTC) January 5, 2023 proposed rule banning noncompetes, Manatt’s antitrust and employment law attorneys will provide a comprehensive overview of the stepped-up efforts to tamp...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Dechert LLP

Criminal guilty plea in nurse staffing case shows labor market antitrust concerns are not going away

Dechert LLP on

Over the past several years, U.S. antitrust agencies have renewed enforcement focus on labor issues, including agreements involving employee hiring and compensation. These include agreements by horizontal competitors to set...more

Farella Braun + Martel LLP

Uber’s Former Chief Security Officer Found Guilty of Obstruction for Coverup of Data Breaches

On October 5, 2022, after a monthlong jury trial, former Uber Chief Information Security Officer Joseph Sullivan was found guilty of obstructing proceedings of the Federal Trade Commission (FTC) and misprision of a felony...more

McDermott Will & Emery

Cartel Corner - August 2022 (Labor Markets)

McDermott Will & Emery on

The DOJ continues its efforts to create a novel area of potential criminal liability for labor market investigations. Historically, government enforcement of alleged anticompetitive labor market practices occurred in the...more

Hogan Lovells

Head of DOJ Criminal Antitrust Unit Says that Criminal Monopolization Cases May be on the Horizon

Hogan Lovells on

In remarks made during a panel discussion at the ABA’s National Institute on White Collar Crime on 2 March, Antitrust Division Deputy Assistant Attorney General Richard Powers said that the Department of Justice Antitrust...more

Womble Bond Dickinson

Wage Fixing & Anti-Poaching Defense: Feds Take New, Aggressive Stand on No-Poach/Non-Solicit Agreements

Womble Bond Dickinson on

Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition.  Antitrust issues can arise in every aspect of your...more

Maynard Nexsen

Employer and Former CEO Indicted in No-Poaching Case

Maynard Nexsen on

According to the U.S. Department of Justice (DOJ), on July 15, 2021, DaVita Inc. and its former chief executive officer were accused in an indictment of two counts of violating the Sherman Act, an antitrust law, by conspiring...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 4: Trade Policy Outlook - June 3rd, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 3: Global Internal Investigations - June 1st, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 2: Compliance: How Will The United States DOJ View Your Compliance Program, And...

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 1: Global Antitrust Developments - May 20th, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

The Volkov Law Group

Antitrust Division Charges Health Care Staffing Company with Criminal Wage-Fixing and No-Poaching Agreement

The Volkov Law Group on

The Justice Department’s Antitrust Division is pushing criminal enforcement against companies for illegal wage-fixing among competitors in the hiring market. ...more

Cadwalader, Wickersham & Taft LLP

DOJ Brings First Criminal “No-Poach” and “Wage-Fixing” Prosecutions; New Focus on Labor Market Prosecutions

What happened? The Department of Justice’s Antitrust Division (“DOJ”) announced that, on January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity...more

Littler

Protection for Criminal Antitrust Whistleblowers Signed into Law

Littler on

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more

Pullman & Comley, LLC

Competitor "No Poach Agreements" Can Lead to Criminal Prosecutions, Fines and Jail Time

Pullman & Comley, LLC on

“No poach” agreements -- agreements between two or more competitors that neither will recruit or hire the other’s employees – have long been held to violate the antitrust laws.  The United States Justice Department and...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 12, December 2020

Loeffler, Cotton Release Bill to Hold Tech Companies Accountable for Child Exploitation, Allow Victims to Sue - "It would amend the US code to strip Section 230 protections from tech companies." Why this is important:...more

Mintz - Antitrust Viewpoints

DOJ Announces Indictment of Former Owner of Health Care Staffing Company for Wage Fixing

Yesterday the Department of Justice announced that a federal grand jury indicted Neeraj Jindal, the former owner of a therapist staffing company in north Texas, for his participation in a conspiracy to fix the wages of...more

Vinson & Elkins LLP

Docket Check: An Overview Of Key Criminal Cases The U.S. Supreme Court Will Hear This Term

Vinson & Elkins LLP on

The U.S. Supreme Court’s new term begins with arguments on October 5, 2020, with the Court set to hear many important criminal law cases. Amidst the current national conversation about policing, the Justices will consider the...more

Vinson & Elkins LLP

Individual Criminal Liability For Failure To Disclose Data Breach Establishes A New Level Of Risk For Companies And Executives

Vinson & Elkins LLP on

General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential...more

K&L Gates LLP

COVID-19: Another Warning from the U.S. Antitrust Agencies – Anticompetitive Conduct in Labor Markets Risks Criminal and/or Civil...

K&L Gates LLP on

The U.S. Department of Justice Antitrust Division (“Division”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) issued a joint statement on April 13, 2020, warning employers, staffing companies, and...more

A&O Shearman

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

A&O Shearman on

Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

45 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide