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What To Do When You’re Required To “Categorize” Your Electronically-Stored Information

The familiar rigors of complying with requests for eDiscovery—searching for, reviewing, processing, and producing electronically stored information (“ESI”)—can be challenging enough. As of January 1, 2020, however, California...more

From Manila Envelopes to Algorithms: The Department of Justice Revisits Antitrust Information Sharing Guidance

Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more

Congress Increases U.S. Merger Filing Fees, Adds Foreign Subsidy Disclosure Requirements, and Empowers State Attorneys General

Hart-Scott-Rodino (“HSR”) Act (“HSR Act”) fees are changing, and the HSR process is also changing with the inclusion of new filing tiers, one less expensive tier, several much more expensive tiers, and new state-level and...more

No More Non-Competes? FTC Proposes Rule Banning Nearly All Non-Compete Agreements with Workers

On January 5, 2023, the Federal Trade Commission (“FTC”) announced plans to prohibit employers from imposing or enforcing non-compete clauses in agreements with workers, including employees and independent contractors, in...more

DOJ Indicts Another Enterprise for a Monopolization Offense

Just days after securing its first Section 2 conviction in over 40 years in United States v. Zito on October 31, 2022,1 the U.S. Department of Justice (“DOJ”) again wielded its once-neglected ability to criminally enforce...more

DOJ Obtains First Monopolization Conviction in Decades

On October 31, 2022, the U.S. Department of Justice Antitrust Division (“DOJ”) announced that the president of a Montana paving and asphalt contractor, Nathan Nephi Zito, had pleaded guilty to one count of attempting to...more

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