News & Analysis as of

Federal Trade Commission (FTC) Jurisdiction

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Latham & Watkins LLP

UK US Data Bridge Practical Tips for Implementation and Compliance

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Latham & Watkins and Privacy Laws & Business recently co-hosted a webinar looking back on the first eight months since the UK-US Data Bridge entered into force. Speakers from the UK Information Commissioner’s Office (ICO) and...more

Troutman Pepper

White House Announces New Initiatives Targeting Consumer Experience

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Last week, the Biden-Harris Administration launched a comprehensive initiative aimed at addressing what it describes as everyday hassles that waste Americans’ time and money. This new government-wide effort, called “Time Is...more

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

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The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

Kilpatrick

The FTC’s Rule Banning Non-Compete Agreements | What You Need to Know

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The Federal Trade Commission, in a tight 3-2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Noncompete agreements have never been regulated at the federal level and the FTC’s adoption of its...more

Williams Mullen

Are Your Non-Competes Still Valid? A Summary of the New Federal Trade Commission Rule

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On April 23, 2024, the Federal Trade Commission (FTC), pursuant to sections 5 and 6(g) of the Federal Trade Commission Act (the “Act”), issued their final “Non-Compete Clause Rule” (Rule). This Rule provides that non-competes...more

Lathrop GPM

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

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As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete...more

White and Williams LLP

FTC Announces Revised Hart-Scott-Rodino Notification Thresholds Will Go into Effect March 6, 2024

On January 22, 2024, the Federal Trade Commission (the“FTC”) announced revised thresholds for pre-merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The revised thresholds and...more

Dechert LLP

Navigating the Shift: The Future of Non-Compete Clauses

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At Dechert, we have been closely monitoring legal developments with respect to the use of non-competes and other restrictive covenants and have observed a growing trend in the United States, the United Kingdom and France...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Reaffirms Jurisdictional Lines in Natural Gas Act

On Tuesday, February 13, 2024, in Bohan v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) for the second time affirmed a lower court’s finding that property owners could not bring a...more

King & Spalding

FTC Announces 2024 Jurisdictional Threshold Updates for Interlocking Directorates and HSR Filing Thresholds

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On January 22, 2024, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

BakerHostetler

How Many Junk Fees Does It Take to Create a Dark Pattern?

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Junk fees and dark patterns are very much on the FTC’s mind these days, and they are very intertwined. To some degree, the concern over junk fees reflects a concern over a more traditional type of dark pattern – for example,...more

Snell & Wilmer

Navigating the FTC Green Guides and Renewable Energy Claims

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In response to state decarbonization mandates that require reduced use of fossil fuels, various U.S. jurisdictions, including California and Massachusetts, have set ambitious net zero greenhouse emissions goals. This shift...more

Proskauer - Law and the Workplace

[Podcast]: In a World Without Non-Competes

In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more

Mintz - Antitrust Viewpoints

FTC Chair Lina Khan: No AI Exemptions — AI: The Washington Report

Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. The accelerating advances in artificial intelligence (“AI”) and the practical,...more

King & Spalding

FTC and DOL Memorandum of Understanding Increases Agency Tools for Aggressive Enforcement

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The Federal Trade Commission (FTC) and Department of Labor (DOL, together “the Agencies”) signed a Memorandum of Understanding (MOU) to join forces to combat anticompetitive practices in the labor market. Under the MOU, the...more

Foley & Lardner LLP

“Keeping Trade Practices on Your Radar”: Examining the Increased Federal & State Use of Unfair and Deceptive Trade Practices Laws...

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State Attorney Generals (“State AGs”) and the federal government are capturing headlines for increasingly suing large corporations for unfair and deceptive trade practices. In some cases, these actions are tackling...more

Foley & Lardner LLP

International Trade, Enforcement & Compliance Recent Developments Update (June 7, 2023)

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Did you read this week’s article on supply chain integrity? If so, you won’t be surprised to see this week’s International Trade update includes a timely reminder regarding avoiding the use of forced labor in its supply...more

Harris Beach PLLC

U.S. Supreme Court Scrutiny of Government Agency Tribunals

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A unanimous decision by the U.S. Supreme Court on April 14, 2023, is likely to have far-reaching implications for government agency tribunals. In consolidated cases involving constitutional challenges to two separate...more

Fisher Phillips

SCOTUS Delivers a Win for Businesses Challenging Federal Agency Actions: 4 Key Takeaways for Employers

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The Supreme Court recently handed a victory to employers by giving them more tools to challenge federal agencies during administrative proceedings. Employers likely know how daunting it can seem to challenge federal officials...more

Epstein Becker & Green

Accompanying Statements to Hart-Scott-Rodino Annual Report Exemplify Ongoing Tension at FTC

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Federal Trade Commission (FTC) Commissioner Christine Wilson’s February 7, 2023, statement accompanying the Fiscal Year 2021 Hart-Scott-Rodino (HSR) Annual Report chastised the other three Commissioners for requesting more...more

Stevens & Lee

FTC’s Proposed Non-Compete Ban: What Prior Decisions and Guidance May Reveal About the Impact on Nonprofit Healthcare Providers

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In a prior post, we discussed the FTC’s recently-issued Proposed Rule that would, if finalized in its current form, and with only limited exceptions, prohibit employers from using non-compete clauses. With respect the...more

Mintz - Antitrust Viewpoints

New Law Hikes HSR Merger Filing Fees for Large Deals and Imposes Foreign Subsidy Disclosure Requirement

Congress passed the Merger Filing Fee Modernization Act of 2022 (“Filing Fee Modernization Act”) on December 23, 2022 as part of a broader omnibus spending bill. It was signed into law by President Biden on December 29, 2022....more

WilmerHale

European Commission Blocks Illumina/GRAIL a week after FTC’s Administrative Law Judge Rejects FTC’s Challenge

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The last week has seen crucial developments at the European Commission (EC) and U.S. Federal Trade Commission (FTC) regarding the antitrust review of the $7.1 billion proposed acquisition by Illumina (the leading supplier of...more

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