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The Ghost of Robinson-Patman Rises at the FTC

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

DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors

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

FTC Releases New Policy Statement on “Unfair Methods of Competition” Enforcement under Section 5 of the FTC Act

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

One Year of Action Since President Biden’s Executive Order on Competition

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

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

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

How Antitrust Will Shape M&A During the Pandemic

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

Three Ways Antitrust Enforcement Has Changed Under Coronavirus, and One Way it Has Not

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

Text Messages, EDiscovery, and the New Threat to Privacy

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

Privacy - Wherefore Art Thou? - The Third Circuit Denies 4th Amendment Right

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

eDiscovery Update including AI for Technology Assisted Review

..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

GDPR and U.S. eDiscovery - Who Will Win the Game of Chicken

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

Bad Behavior in eDiscovery is Still Very Costly!

...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

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

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

[Webinar] International Trade and Antitrust — Clarity Put on Hold as FTAIA Conflict/Confusion Continues - July 30, 12:00pm CT

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

Clarity Put on Hold as FTAIA Conflict/Confusion Continues

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

FTC Loses Another Privilege Battle

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

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