As 2026 unfolds, the Department of Justice’s (DOJ) Antitrust Division (Division) is entering a period of transition marked by leadership changes and a recalibration of enforcement priorities. Following the departure of...more
4/24/2026
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Canada ,
Cartels ,
Competition Authorities ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Fraud ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Supply Chain ,
Whistleblowers
In an Election Year, Affordability Takes Center Stage -
As the midterm elections draw near, “kitchen table” issues, like affordability, will dominate the congressional investigations landscape for both parties. The...more
4/15/2026
/ Affordable Care Act ,
Algorithms ,
Artificial Intelligence ,
Colleges ,
Congressional Investigations & Hearings ,
Cybersecurity ,
Data Privacy ,
Drug Pricing ,
Fraud ,
Health Insurance ,
Healthcare ,
Nonprofits ,
Online Safety for Children ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Pricing ,
Regulatory Oversight ,
Section 340B
The shift away from using “ESG” as a standalone or organizing concept continues. We see continued fragmentation of ESG into distinct areas of sustainability and corporate responsibility, as well as heightened enforcement,...more
2/20/2026
/ Climate Change ,
Corporate Counsel ,
Corporate Social Responsibility ,
Cross-Border Transactions ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Due Diligence ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Federal Trade Commission (FTC) ,
Greenhouse Gas Emissions ,
Human Rights ,
Popular ,
Private Equity ,
Regulatory Oversight ,
Securities Litigation ,
Sustainability ,
Sustainable Finance ,
White Collar Crimes
On January 29, 2026, the Department of Justice Antitrust Division (the “Division”) announced its first-ever monetary award under the Division’s new whistleblower program, a $1 million payment to an individual who provided...more
2/2/2026
/ Antitrust Division ,
Antitrust Investigations ,
Antitrust Violations ,
Bid Rigging ,
Cartels ,
Corporate Counsel ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Whistleblower Awards ,
Whistleblowers
The BIOSECURE Act, which restricts the ability of U.S. executive agencies to contract with “Biotechnology Companies of Concern,” is now law. First introduced in the 2023-2024 legislative session and nearly passed into law...more
12/19/2025
/ BIOSECURE Act ,
Biosimilars ,
Biotechnology ,
Department of Defense (DOD) ,
Drug Pricing ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Government Agencies ,
Grants ,
Life Sciences ,
National Security ,
NDAA ,
New Legislation ,
Pharmaceutical Industry ,
Regulatory Requirements ,
Supply Chain
The Morrison Foerster Data, Cyber + Privacy team provides creative, practical advice across every stage of the information lifecycle, from navigating complex privacy laws and managing breach response to litigating data...more
12/16/2025
/ AI Act ,
Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
Enforcement Actions ,
EU ,
Incident Response Plans ,
New Legislation ,
Popular ,
Privacy Laws ,
Ransomware ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
State Privacy Laws ,
Third-Party ,
Third-Party Service Provider ,
UK
A growing list of lawsuits filed in the Court of International Trade (CIT) reflects the increasing urgency facing importers that have paid duties on the International Emergency Economic Powers Act (IEEPA)-based Trafficking...more
12/15/2025
/ Constitutional Challenges ,
Corporate Counsel ,
Court of International Trade ,
Customs and Border Protection ,
Filing Deadlines ,
Importers ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Risk Management ,
SCOTUS ,
Section 232 ,
Section 301 ,
Tariffs ,
US Trade Policies
On December 11, 2025, President Trump issued an Executive Order titled “Protecting American Investors from Foreign-Owned and Politically-Motivated Proxy Advisors” (the “Order”), which directs the Securities and Exchange...more
12/15/2025
/ Antitrust Investigations ,
Corporate Governance ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
Proxy Advisory Firms ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Trump Administration
As we near the conclusion of the first year of the second Trump administration, the Department of Justice’s (DOJ) Antitrust Division (Division) is touting its “America First” antitrust posture that favors streamlined reviews,...more
12/11/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Cartels ,
Competition Authorities ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Fraud ,
Leniency Programs ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Settlement ,
Trump Administration
Designed for busy in-house counsel, government affairs professionals, policy advocates, and legal practitioners seeking to navigate the ins and outs of congressional oversight, this edition of MoFo’s “Congressional...more
12/2/2025
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Censorship ,
Congressional Investigations & Hearings ,
Department of Justice (DOJ) ,
Donors ,
Executive Orders ,
Investigations ,
National Security ,
New Legislation ,
Nonprofits ,
Online Platforms ,
Online Safety for Children ,
Philanthropy ,
Regulatory Oversight ,
Senate Committees ,
Tax Exempt Entities ,
Technology Sector
Designed for busy in-house counsel, government affairs professionals, policy advocates, and legal practitioners seeking to navigate the ins and outs of congressional oversight, this inaugural edition of MoFo’s “Congressional...more
8/27/2025
/ Big Law ,
Campaign Finance Reform ,
Censorship ,
China ,
Congressional Investigations & Hearings ,
Continuing Resolution ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Joe Biden ,
Political Contributions ,
State Attorneys General ,
Universities
Domestic and international enforcement agencies continue to sharpen their tools and maintain an aggressive posture in criminal antitrust enforcement. Recent actions by new antitrust leadership in the Department of Justice’s...more
8/15/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Violations ,
Bid Rigging ,
Cartels ,
Collusion ,
Competition Authorities ,
Criminal Antitrust Litigation ,
Criminal Investigations ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Entertainment Industry ,
EU ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Wage-Fixing ,
Whistleblowers
In recent comments, Commissioner Holyoak signaled that the Federal Trade Commission will prioritize enforcement of the Protecting Americans’ Data from Foreign Adversaries Act (PADFAA), a law that empowers the FTC to police...more
7/23/2025
/ Biometric Information ,
China ,
Compliance ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Foreign Adversaries ,
Health Information Technologies ,
National Security ,
Personal Data ,
Personal Information ,
Risk Management ,
Russia ,
Vendors
As previously predicted, the new year and change of administration in the U.S. brought a series of notable developments in criminal antitrust enforcement. Recent actions indicate that the new antitrust leadership in the...more
4/29/2025
/ Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Cartels ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Monopolization ,
Popular ,
Price-Fixing ,
Trump Administration ,
Wage-Fixing ,
White Collar Crimes
Antitrust experts from across the globe convened in Washington, D.C. on April 2–4, 2025 to discuss new enforcement policies and share updates on current issues in antitrust. We provide the key highlights from numerous panels...more
4/9/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Violations ,
Biden Administration ,
Cartels ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
No-Poaching ,
Pharmaceutical Industry ,
Popular ,
Tariffs ,
Technology Sector ,
Trump Administration
The 119th Congress is underway, and Republicans control both chambers. With President Trump in the White House, both the House and the Senate will focus more of their oversight on the private sector. Continuing a trend over...more
2/5/2025
/ Artificial Intelligence ,
Banking Sector ,
China ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Privacy ,
Data Protection ,
Data Security ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Pharmacy Benefit Manager (PBM) ,
Regulatory Agenda ,
Technology Sector
In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more
2/3/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employment Contract ,
False Statements ,
Federal Trade Commission (FTC) ,
Franchises ,
Human Resources Professionals ,
Independent Contractors ,
Labor Reform ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trump Administration ,
Unfair Competition ,
Wage-Fixing
The new year marks the transition from the Biden administration and its whole-of-government approach to antitrust enforcement, to the return of President Trump. To spearhead his administration’s antitrust enforcement efforts,...more
1/31/2025
/ Algorithms ,
Antitrust Division ,
Artificial Intelligence ,
Cartels ,
Collaboration ,
Competition ,
Criminal Prosecution ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Information Sharing ,
Mexican Economic Competition Commission (Cofece) ,
Popular ,
Procurement Collusion Strike Force ,
Technology Sector ,
Trump Administration ,
UK Competition and Markets Authority (CMA) ,
Whistleblowers
Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more
11/1/2024
/ Algorithms ,
Antitrust Division ,
Bid Rigging ,
Cartels ,
Competition ,
Corporate Counsel ,
Dawn Raids ,
Department of Justice (DOJ) ,
EU ,
Healthcare ,
Italy ,
Mexican Economic Competition Commission (Cofece) ,
Pharmaceutical Industry ,
Philippines ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Singapore ,
Wage-Fixing
Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more
10/22/2024
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Belgian Competition Authority ,
Bid Rigging ,
Cartels ,
Competition ,
Construction Project ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement ,
EU ,
Healthcare ,
Hedge Funds ,
Mexican Economic Competition Commission (Cofece) ,
No-Poaching ,
Pharmaceutical Industry ,
Philippines ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Sherman Act ,
Software ,
State Attorneys General ,
Wage-Fixing
After more than a year of scrutiny and commenting on lawsuits brought by others, the Department of Justice (“DOJ”) finally entered the algorithmic price-fixing fray in its own right. On August 23, 2024, DOJ, along with eight...more
The Biden Administration recently convened the first meeting of its Strike Force on Unfair and Illegal Pricing (Strike Force), an interagency initiative announced in March 2024 to “root out and stop illegal corporate behavior...more
8/22/2024
/ Anti-Competitive ,
Biden Administration ,
Department of Agriculture ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
FCC ,
Federal Trade Commission (FTC) ,
Healthcare Fraud ,
Nursing Homes ,
Popular ,
Private Equity ,
Supply Chain ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing
At the mid-year point, 2024 is shaping up to be an eventful year in cartel enforcement. In the United States, the U.S. Department of Justice (DOJ)’s Antitrust Division (Division) enjoyed two significant victories and finally...more
7/19/2024
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Artificial Intelligence ,
Bid Rigging ,
Canada ,
Canadian Competition Act ,
Cartels ,
Criminal Investigations ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Court of Justice (ECJ) ,
FBI ,
France ,
Healthcare ,
Japan Fair Trade Commission (JFTC) ,
Mexican Economic Competition Commission (Cofece) ,
Monopolization ,
Pharmaceutical Industry ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Rental Property ,
UK
As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more
4/4/2024
/ Antitrust Division ,
Antitrust Violations ,
Artificial Intelligence ,
Bid Rigging ,
Cartels ,
Corporate Counsel ,
Data Preservation ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Fédération Internationale de Football Association (FIFA) ,
Merger Controls ,
Mexican Economic Competition Commission (Cofece) ,
Non-Compete Agreements ,
Popular ,
Price-Fixing ,
Pricing ,
Software ,
UK ,
UK Competition and Markets Authority (CMA)
As part of its whole-of-government effort to enforce the antitrust laws, the Biden administration recently launched a new interagency Strike Force on Unfair and Illegal Pricing (Strike Force), which will be co-chaired by the...more