On January 31, 2025, the U.S. District Court for the Southern District of Texas denied the Federal Trade Commission’s request for a preliminary injunction to block Tempur Sealy’s (the world’s largest mattress manufacturer)...more
2/10/2025
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
FTC Act ,
Merger Controls ,
Mergers ,
Preliminary Injunctions ,
Vertical Mergers
In the first merger challenge of the second Trump Administration, on January 30, the U.S. Department of Justice (“DOJ”) Antitrust Division filed suit seeking to block Hewlett Packard Enterprise Company’s (“HPE’s”) proposed...more
2/4/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Merger Controls ,
Mergers ,
Popular ,
Regulatory Agenda ,
Trump Administration ,
UK Competition and Markets Authority (CMA)
On July 23, 2024, the District Court for the Eastern District of Pennsylvania denied a request for a preliminary injunction to stay the FTC's Non-Compete Clause Rule (the "Rule"). Set to take effect on September 4, 2024, the...more
In a much-watched case concerning the administrative state, on June 27, the Supreme Court decided in SEC v. Jarkesy that defendants facing a fraud suit by the SEC have a Seventh Amendment right to a jury trial in an Article...more
6/28/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Labor Relations ,
NLRB ,
Non-Delegation Doctrine ,
Right to a Jury ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment
In a recent Federal Register notice, the PTO announced a proposed rule requiring that any settlement agreement resolving a PTAB proceeding, even if such agreement occurs prior to a decision to institute an inter partes review...more
5/7/2024
/ Abbreviated New Drug Application (ANDA) ,
Biosimilars ,
Department of Justice (DOJ) ,
Drug Pricing ,
Executive Orders ,
Federal Register ,
Federal Trade Commission (FTC) ,
Inter Partes Review (IPR) Proceeding ,
Medicare Modernization Act ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry
Less than two months ago, the FTC faced at least five separate lawsuits challenging the constitutionality of the agency in response to antitrust actions. Last week, three of those have been settled or dismissed, and a fourth...more
While many in the antitrust community have been focused on the FTC’s proposed ban of non-competes, the states also have been active in this area. Earlier this year, the New York legislature passed a broad non-compete ban,...more