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“No More Non-Competes,” Part Five: FTC Abandons Rule Prohibiting Non-Compete Agreements but Advances Targeted Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) formally abandoned its efforts to enforce a Biden-era final rule (“Rule”) implementing a blanket ban on most employee non-compete agreements. Instead, the FTC...more

[Webinar] Government Enforcement Roundup - October 9th, 12:00 pm - 1:00 pm CT

Participants will hear our panelists discuss the current federal government enforcement landscape in key areas including antitrust, environmental, energy and securities enforcement. Our panel will address current trends and...more

Cartels Antitrust Enforcement and Litigation - September 2025

The word “cartel” conjures images of mobster movies, lurid headlines, and drug busts. But a less exotic brand of cartel can be far more relevant to the business world. In an economic sense, a cartel is simply a collection of...more

Colorado Shifts to Robust State-Level Antitrust Enforcement Regime

Colorado’s antitrust landscape is undergoing a fundamental transformation — not just because of the sweeping legislative changes enacted in 2023, but also due to the assertive approach now being taken by the Colorado Attorney...more

California’s 2025 Abuse of Dominance Proposal: Redefining State-Level Antitrust Enforcement In The Fourth-Largest Economy on Earth

For decades, California enforcers and politicians have argued for state-level antitrust enforcement activity at a level commensurate with California’s $4.1 trillion economy, the largest state economy in the United States....more

Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

FTC Labor Market Task Force: A Surprising Continuation of Biden-Era Priorities

On February 26, 2025, the Federal Trade Commission (“FTC”) announced the formation of a Joint Labor Task Force aimed at addressing deceptive, unfair, and anticompetitive practices impacting labor markets. The FTC signaled an...more

The Not-So-Surprising Return of FTC’s Robinson-Patman Act Enforcement

On December 12, 2024, the Federal Trade Commission (“FTC”) filed a lawsuit against Southern Glazer’s Wine and Spirits, the largest distributor of wine and spirits in the U.S., alleging that Southern Glazer’s has violated the...more

Ephemeral Sweeps: President-Elect Trump’s SEC Expected to Abandon Probes into Use of WhatsApp and “Off-Channel” Messaging...

After a three-year crackdown on the use of “ephemeral” electronic messaging platforms by the United States Securities and Exchange Commission (“SEC”) under Chair Gary Gensler, early indications are that the incoming Trump...more

“No More Non-Competes,” Part Four: Texas Federal District Court Blocks FTC Noncompete Rule on Nationwide Basis

On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment (“Order”) setting aside, on a nationwide basis, the Federal Trade Commission (“FTC”) final rule (“Rule”) prohibiting...more

“No More Non-Competes,” Part Three: Texas Judge Issues Limited Order Partially Blocking FTC Noncompete Rule

As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers...more

Mastering Automated Privilege Logging: How Litigants Can Maximize Efficiency and Limit Expense

Privilege logging is one of the most time-consuming, expensive, and contentious components of discovery. Federal Rule of Civil Procedure 26(b)(5)(A), which governs the withholding of privileged material, provides little...more

Email Threading: Streamlining Discovery Review

For years, email has been the dominant form of business communication. The average office worker sends approximately 9,000 to 15,000 emails per year. Multiply 15,000 emails across multiple personnel and multiple years, and...more

Difficult Decisions About Cloned Discovery Can Leave Companies Seeing Double

Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are...more

“No More Non-Competes,” Part Two: FTC Finalizes Rule Banning Essentially All Non-Compete Agreements with Workers

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2, on party lines, to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers. This...more

White House’s “Strike Force on Unfair and Illegal Pricing” Advances an Old Antitrust Agenda Under a New Name

On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when...more

2023 Chemicals & Energy Antitrust Report

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

The Development of AI-Driven E-Discovery Tools

Recent headlines have been dominated by rapid developments in generative artificial intelligence, and a number of startups are positioning themselves to offer new tools to the legal industry making use of this groundbreaking...more

The Future of Generative AI Discovery Tools

The legal world recently learned an important lesson about the blind adoption of generative AI when two New York attorneys were sanctioned for using ChatGPT to write a brief that included entirely fabricated cases. The firm...more

Seventh Circuit Revives Former McDonald’s Workers’ No-Poach Suit

An important federal appeals court has clarified a key principle of antitrust law in a way that potentially makes it more difficult for an employer to win a motion to dismiss, and thereby avoid expensive discovery, with...more

Generating Scrutiny: FTC Outlines Competition Concerns in Generative AI

On June 29, 2023, the Federal Trade Commission’s (“FTC”) Bureau of Competition and Office of Technology published a joint blog post that provided deeper insight into the FTC’s focus on competition in generative artificial...more

AI Antitrust Issues Checklist

This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology. Practices involving AI that could give rise to antitrust risk include algorithmic collusion, exclusionary practices...more

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