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Know What You Don’t Know: What Are the Top Legal Issues Nonprofits and Associations Are Thinking Through Right Now?

The landscape is in flux right now for nonprofits, to say the least. To help structure your action plan, these are some of the top questions our Nonprofits & Associations team has been helping our clients think through....more

Back to the Antitrust Basics: FTC and DOJ Call for Case-by-Case Enforcement With the Withdrawal of Longstanding Competitor...

With the US Department of Justice (DOJ) and Federal Trade Commission (FTC) withdrawing yet another set of antitrust compliance guidelines last month, companies that collaborate with their competitors — whether directly or...more

DOJ Statement of Interest Offers Reminder for Trade Associations

The US Department of Justice (DOJ) recently issued a Statement of Interest that underscores the need for careful evaluation of every survey and other information exchange managed by trade associations for the unique risks to...more

How Can Our Board Work Better? A Brief, Practical Guide to Legal Considerations for Trade Association Board Governance

Trade association boards, like the boards of other private companies, often consist of stakeholders who are personally and professionally invested in the organization. Board members typically also possess significant business...more

Pricing Strategies and Antitrust Considerations [Video]

In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more

Antitrust Enforcement in 2020 Offers Lessons for Associations in 2021

Recent antitrust activity is instructive for associations to identify and limit key areas of antitrust risk. Here are some highlights from 2020: Certification and Accreditation Programs Are Pro-Competitive Functions of...more

DOJ Antitrust Business Review Letter Confirms Trade Associations Can Remain Relevant to the Virtual Marketplace

The US Department of Justice issued a business review letter on April 16, 2020, that confirms trade associations can remain relevant and valuable as they manage an escalated emphasis on supporting online marketplaces. The DOJ...more

5-Hour Energy Drink Maker Allowed to Charge Higher Prices to Costco’s Competitors

Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals....more

FTC Antitrust Decision Provides A Reminder: Emails and Texts Can and Will Be Used Against You

The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation. After a multi-week trial, an FTC...more

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