The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more
5/27/2025
/ Antitrust Provisions ,
Article II ,
Constitutional Challenges ,
Executive Authority ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Health Care Providers ,
Healthcare ,
Hiring & Firing ,
Injunctions ,
Merits Systems Protection Board ,
NLRB ,
Quasi-Judicial Process ,
Regulatory Authority ,
Removal For-Cause ,
SCOTUS ,
Stays ,
Trump Administration ,
Trump v Wilcox
On April 9, President Trump issued an Executive Order instructing agency heads, in consultation with the Chairman of the Federal Trade Commission (FTC) and the Attorney General, to complete a review of all regulations subject...more
On Feb. 26, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a “Directive Regarding Labor Markets Task Force” pursuant to which a Joint Labor Task Force is being organized consisting of the Directors of the...more
In March 2024, the Federal Trade Commission (FTC), the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) (collectively, Agencies) issued a request for information (RFI) seeking public comment...more
1/27/2025
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Mergers ,
Physicians ,
Private Equity ,
Transparency
We previously reported on the Federal Trade Commission’s (FTC) lawsuit against U.S. Anesthesia Partners (USAP) and the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson). In the lawsuit, the FTC alleges that...more
1/23/2025
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Consent Order ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare ,
Hospitals ,
Mergers ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Unfair Competition
On Jan. 2, 2025, the Federal Trade Commission (FTC or Commission) filed its opening brief with the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission, the case in which the plaintiffs are...more
The Justice Department’s Antitrust Division and the Federal Trade Commission (Agencies) announced on Dec. 11, 2024, that they have withdrawn the Antitrust Guidelines for Collaborations Among Competitors (Guidelines) issued in...more
12/16/2024
/ Collaboration ,
Competition ,
Cybersecurity ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Horizontal Merger Guidelines ,
Research and Development ,
Safe Harbors ,
SCOTUS ,
Sherman Act ,
Withdrawal
On Nov. 5, the Federal Trade Commission (FTC) filed its opening brief in its pending appeal in Properties of the Villages, Inc. v. FTC,No. 24–13102 (M.D. Florida). As previously reported, on Aug. 14, Judge Timothy Corrigan...more
This white paper details the significant differences between the Federal Trade Commission’s Proposed Rule and recently issued Final Rule with respect to various premerger reporting requirements under the Hart-Scott-Rodino...more
10/25/2024
/ Competition ,
Contract Drafting ,
Corporate Officers ,
Corporate Sales Transactions ,
Directors ,
Documentation ,
Employee Retention ,
Federal Register ,
Federal Trade Commission (FTC) ,
Geolocation ,
Hart-Scott-Rodino Act ,
Lead Supervisory Authority ,
Letters of Intent ,
Mergers ,
Minority Shareholders ,
Premerger Notifications ,
Second Requests ,
Suppliers ,
Waiting Periods
In June 2023, the Federal Trade Commission (Commission) proposed major changes to its premerger notification rules that implement the Hart-Scot-Rodino Act and impact a large swath of merger and acquisition transactions each...more
On Oct. 18, the Federal Trade Commission (FTC) expectedly filed a notice of appeal to the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission. As has been previously reported, Judge Ada M. Brown in...more
In a decision on Aug. 20 impacting employers and employees nationwide, the U.S. District Court for the Northern District of Texas granted Plaintiff Ryan LLC’s motion for summary judgment, set aside the FTC’s Noncompete Rule...more
8/22/2024
/ Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
In an earlier report, we examined the recent decision of the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services, Inc. v. FTC, in which the Court rejected the plaintiff’s request for the...more
On July 23, 2024, U.S. District Court Judge Kelley Brisbon Hodge (E.D. Pa) denied the request of ATS Tree Services, LLC (ATS).[1], a tree care company operating in Eastern Pennsylvania, for issuance of a stay of the Sept. 4,...more
7/30/2024
/ Administrative Procedure Act ,
Chamber of Commerce ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Lack of Authority ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Summary Judgment ,
Unfair Competition
The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more
7/12/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Article III ,
Constitutional Challenges ,
Federal Trade Commission (FTC) ,
Healthcare Facilities ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
SEC v Jarkesy ,
Section 7 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment ,
The Clayton Act
We have been reporting on the Federal Trade Commission’s continuing effort to block Novant Health’s purchase of Lake Norman Regional Medical Center and Davis Regional Psychiatric Hospital from Community Health Systems. Last...more
We reported last week on the U.S. District Court’s denial of an FTC request for a preliminary injunction to block Novant Health’s “Novant) purchase of Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric...more
In February, 2023, Novant Health and Community Health Systems (CHS) entered into an Asset Purchase Agreement pursuant to which Novant agreed to acquire Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric...more
In a prior post, we discussed the Federal Trade Commission’s (“FTC”) lawsuit against U.S. Anesthesia Partners (“USAP”) and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”). Most recently, the U.S....more
The Federal Trade Commission yesterday held an open meeting at which it voted to finalize and promulgate its long-anticipated rule that effectively bans noncompetes nationwide subject to only a few exceptions. The rule will...more
4/25/2024
/ CEOs ,
Chamber of Commerce ,
COOs ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
The Federal Trade Commission announced yesterday that it will be holding a special Open Commission Meeting virtually next Tuesday, April 23, 2024, at 2 p.m. ET for purposes of voting on whether to issue a proposed final rule...more
Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In Part I of this two-part update, we discussed recent lawsuits involving private equity...more
4/15/2024
/ Antitrust Division ,
Antitrust Provisions ,
Cartwright Act ,
Competition ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Lack of Authority ,
Popular ,
Request For Information
Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In the litigation context, this has involved, in addition to new lawsuits filed by the...more
On March 6, the Federal Trade Commission (“FTC”), the Department of Justice’s Antitrust Division (“DOJ”), and the Department of Health and Human Services (“HHS”) (the “Agencies”) announced that they were “launching a...more
As explained in our prior article discussing the recently- issued Merger Guidelines (“Guidelines”), the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) (the “Agencies”) having described and discussed the...more