As part of the Biden Administration’s enhanced antitrust enforcement efforts, the Federal Trade Commission (FTC) is taking a new look at the Robinson-Patman Act (RPA). Several investigations are already underway, with calls...more
On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more
2/7/2023
/ Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Information Sharing ,
Joe Biden ,
Safe Harbors ,
Sherman Act ,
Third-Party Service Provider
As part of the Biden Administration’s ongoing efforts to reinvigorate antitrust enforcement and the promotion of competition, on November 10, 2022, the Federal Trade Commission (FTC) released a new “Policy Statement Regarding...more
Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more
7/27/2022
/ Beverage Manufacturers ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
FRAND ,
FTC Act ,
Healthcare ,
Manufacturers ,
Memorandum of Understanding ,
Mergers ,
NIST ,
NLRB ,
Pharmaceutical Industry ,
ROI ,
USDA ,
USPTO
On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more
7/15/2021
/ Anti-Competitive ,
Antitrust Violations ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare ,
Joe Biden ,
Manufacturers ,
Mergers ,
No-Poaching ,
Non-Compete Agreements ,
Pharmaceutical Industry ,
Wage-Fixing
As the pandemic breathes life into some sectors and creates bankruptcies in others, some businesses continue to pursue strategic M&A deals. Some of these deals may receive antitrust scrutiny from the Department of Justice...more
Amid the national coronavirus emergency, the antitrust enforcement agencies remain open for business. However, like the rest of these country, these agencies—the Department of Justice (DOJ) and Federal Trade Commission...more
Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages. eDiscovery practitioners also may think there is nothing revolutionary about considering...more
11/22/2019
/ Cell Phones ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Employee Privacy Rights ,
Federal Rules of Civil Procedure ,
Invasion of Privacy ,
Metadata ,
Motion to Compel ,
Native Format Data ,
Personal Data ,
Privacy Concerns ,
Proportionality ,
Right to Privacy ,
Text Messages
The Third Circuit Denies 4th Amendment Right -
Let’s face it – over the last 20 years or so, we have come to embrace, celebrate, and depend completely on electronic communications. What is more, we keep reaching out to...more
12/20/2018
/ California Consumer Privacy Act (CCPA) ,
Carpenter v US ,
Criminal Investigations ,
Data Protection ,
EU ,
EU Data Protection Laws ,
European Commission ,
Extraterritoriality Rules ,
Fourth Amendment ,
General Data Protection Regulation (GDPR) ,
Law Enforcement ,
Personal Data ,
Privacy Concerns ,
Reasonable Expectation of Privacy ,
Stored Communications Act ,
Subpoenas
..Any judge who begins an opinion about ediscovery with a quote from Donald Rumsfeld (of all people!), and then tosses in a reference to Marge from The Simpsons while quieting lawyers’ fears of technology by noting that...more
Well, it has now happened. The European Union’s new General Data Protection Regulation (GDPR) went into effect on May 25, 2018. In the lead up to G-Day, commentators published a voluminous amount of materials in legal...more
6/21/2018
/ Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
EU Data Protection Laws ,
Evidence ,
Failure To Preserve ,
Foreign Subsidiaries ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
International Litigation ,
Personal Data
...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more
5/15/2018
/ Amended Rules ,
Destruction of Evidence ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Gross Negligence ,
Information Technology ,
Proportionality ,
Rule 11 ,
Sanctions ,
Special Master ,
Spoliation
Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more
More than 30 years since the enactment of the Foreign Trade Antitrust Improvements Act (FTAIA), it continues to be characterized by confusion about the application of U.S. antitrust laws to international trade, which is the...more
The Foreign Trade Antitrust Improvements Act (FTAIA) was enacted in 1982 to help achieve clarity in the application of U.S antitrust laws to international trade. More than 30 years since that effort, the FTAIA has not...more
6/22/2015
/ Appeals ,
Cartels ,
Damages ,
Exports ,
Foreign Trade Regulations ,
FTAIA ,
Imports ,
Petition for Writ of Certiorari ,
Price-Fixing ,
SCOTUS ,
Sherman Act ,
Subject Matter Jurisdiction ,
Trade Restrictions ,
Treble Damages
In two recent cases, the FTC has brought federal court challenges to either parties’ or subpoena recipients’ claims of privilege – and so far, the FTC has lost both times. For attorneys who regularly practice before the FTC,...more