On August 20, 2024, the US District Court for the Northern District of Texas issued a nationwide injunction barring the Federal Trade Commission’s (FTC) Final Rule that bans all noncompete agreements. The court’s findings...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Business Entities ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Statutory Authority ,
Texas
On July 23, 2024, US District Court for the Eastern District of Pennsylvania declined to stay the September 4, 2024, effective date of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete agreements...more
On July 3, 2024, the US District Court for the Northern District of Texas stayed the September 4, 2024, implementation date (the effective date) of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete...more
7/10/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 along party lines to ban all new noncompete agreements nationwide and render existing noncompete agreements binding most workers unenforceable. The Final Rule,...more
4/25/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most.
Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare...more
10/10/2023
/ Administrative Procedure Act ,
Anti-Kickback Statute ,
Antitrust Provisions ,
Attorney-Client Privilege ,
Chief Compliance Officers ,
Compliance ,
Continuing Legal Education ,
Enforcement Actions ,
Events ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Facilities ,
Investigations ,
Life Sciences ,
Physicians ,
Regulatory Requirements ,
Restrictive Covenants
UNDERSTANDING CONSTRUCTION RISK ON INFRASTRUCTURE INVESTMENTS -
Private investment in infrastructure, especially renewable energy projects, is surging across the globe. In fact, total new investment in renewable energy hit...more
7/26/2022
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Energy Projects ,
Enforcement ,
Fraud ,
Infrastructure ,
Infrastructure Financing ,
Investigations ,
Investment ,
Investors ,
Korea ,
Renewable Energy ,
White Collar Crimes
WHAT HAPPENED -
On March 2, 2022, the US Department of Justice (DOJ) Antitrust Division Deputy Assistant Attorney General Richard Powers revealed that the DOJ intends to investigate and pursue alleged criminal violations...more
President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more
7/15/2021
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Investigations ,
Mergers ,
Preliminary Injunctions ,
Provider Relief Fund
The US Department of Justice (DOJ) now has more ammunition and resources than ever to use data analytics in their investigations. The convergence of better technology, increasingly usable data sets, and the ripe combination...more
7/6/2021
/ Analytics ,
Antitrust Division ,
Antitrust Violations ,
Artificial Intelligence ,
Compliance ,
Compliance Monitoring ,
Corporate Counsel ,
Corporate Misconduct ,
Data Collection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Internal Audit Functions ,
Internal Investigations ,
Risk Mitigation ,
Vulnerability Assessments ,
Webinars ,
White Collar Crimes
Expect More Criminal Enforcement & What You Can Do To Minimize Your Risk -
Antitrust cartel and related collusive scheme enforcement is poised to increase. Several factors support this: (1) the Antitrust Division (the...more
5/10/2021
/ Compliance ,
Cross-Border Transactions ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Pharmaceutical Industry ,
Proposed Legislation ,
Risk Management ,
UK Brexit
All companies—big and small—are collecting a tsunami of data. The US Department of Justice (DOJ) has now challenged corporate America to harness and analyze that data to improve corporate compliance programs by going beyond...more
The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration,...more
In 2019, the total number of antitrust cases filed against providers dropped to 20 after the 2018 bump (27 cases). In the latest Health Antitrust Litigation Update for Providers, we discuss what kinds of cases were brought...more
11/16/2020
/ Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Health Care Providers ,
Healthcare ,
Insurance Contracts ,
Motion to Dismiss ,
Physician Admitting Privileges ,
Physicians ,
Pleadings ,
Professional Regulators ,
Summary Judgment
As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more
5/26/2020
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Healthcare ,
Joint Venture ,
Mergers ,
Recruitment Policies ,
Strategic Planning ,
Wage and Hour
As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more
5/19/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health Care Providers ,
Joint Venture ,
Recruitment Policies ,
Strategic Planning ,
Wage and Hour ,
Webinars
DOJ is open to companies collaborating outside of the presence of government to find creative solutions to combat COVID-19 as long as they commit to adequate antitrust safeguards...more
A recent business review letter issued by the US Department of Justice Antitrust Division to five pharmaceutical and medical/surgical distributors offers insights into the antitrust enforcers’ views on competitor...more
Life sciences and medical device companies are dealing with an unprecedented crisis. The industry is not only managing the impact of Coronavirus (COVID-19), they are also a solution provider. Companies are rapidly adapting...more
4/14/2020
/ CARES Act ,
Clinical Trials ,
Coronavirus/COVID-19 ,
Creditors ,
Crisis Management ,
Exports ,
Federal Funding ,
Financial Solvency ,
Food and Drug Administration (FDA) ,
Government Assistance ,
Imports ,
Life Sciences ,
Manufacturers ,
Medical Devices ,
Recessions ,
Research and Development ,
Restructuring ,
Supply Chain ,
Vendors ,
Webinars
On March 24, 2020, the US Federal Trade Commission (FTC) and US Department of Justice (DOJ) issued a Joint Antitrust Statement Regarding COVID-19. In this statement, the FTC and DOJ recognize that public health efforts in...more
Certifying an antitrust class under Rule 23 has become a battle. In the last 20 years, courts have been changing the game around Rule 23 interpretation, and rigorous analysis at class certification has made briefing...more
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more
6/21/2019
/ Acquisitions ,
Acute Facilities ,
Anti-Competitive ,
Appeals ,
Blocked Mergers ,
Civil Monetary Penalty ,
Consent Decrees ,
Consumer Protection Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Hospitals ,
New Legislation ,
Notification Requirements ,
Physicians ,
Preliminary Injunctions ,
Price-Fixing ,
Purchase Agreement ,
Reporting Requirements ,
Section 7 ,
Service Agreements ,
Settlement Agreements ,
Sherman Act ,
Size of Transaction Test ,
State Attorneys General ,
The Clayton Act
2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable...more
6/5/2019
/ Antitrust Litigation ,
Competition ,
Cooperation Agreement ,
Department of Justice (DOJ) ,
Government Agencies ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Monopolization ,
Physicians ,
Price-Fixing
The Attorney General of the State of Washington (the State) scored another victory last week in its federal antitrust challenge to Franciscan Health System’s (Franciscan) affiliations with two competing physician practices,...more
In this Special Report, we highlight notable trends in antitrust litigation involving health care providers over the past two and a half years. Our complimentary update identifies the types of cases filed against providers,...more
The two current commissioners of the Federal Trade Commission (FTC) approved another final order and consent agreement with a trade association, this time with the National Association of Animal Breeders, Inc. (NAAB)....more