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ESG Update: Congress Questions Whether ESG-Related Coalitions Violate Antitrust Laws

Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb...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

The Generative AI Revolution: Key Legal Considerations for the Nonprofit & Trade Association Industry

Generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing...more

New IRS Technical Guide Creates a Resource for 501(c)(6) Trade Associations

The Internal Revenue Service (IRS) recently published a new Technical Guide for tax-exempt 501(c)(6) trade associations, business leagues, chambers of commerce, real estate boards, and other organizations exempt from federal...more

Key Considerations Before Trade Associations Cross Over Into the Metaverse

The Metaverse offers broad opportunities for trade associations to expand their reach and enhance member experiences like never before. These new and exciting possibilities, however, come with unique challenges. This alert...more

DOJ to Associations: Every Statement May Be an Antitrust Violation

Trade associations and other cooperatives should heed the warning implied by the US Department of Justice’s aggressive stance in a recent court filing Trade associations and other cooperatives should heed the warning...more

Customer Complaints and Competitor Boycotts: Two Antitrust Decisions Highlight Antitrust Trouble Spots

Two recent antitrust decisions by federal courts offer cautionary tales for businesses and trade associations. The cases involve common antitrust trouble spots: complaints from customers, “bad emails,” and competitor boycotts...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 and FTC’s New Vertical Merger Guidelines Offer Reminder About Information Sharing

The US Department of Justice and the Federal Trade Commission recently issued an updated set of guidelines for “vertical mergers,” or mergers between companies at different levels of the supply or distribution chain. The...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

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