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Recent Decisions in Noncompete Cases Expose Deep Divides in Opposing Visions for Antitrust Enforcement

On July 3, 2024, plaintiffs in Ryan LLC v. Federal Trade Commission won their first significant victory in their noncompete case against the Federal Trade Commission (FTC) when Judge Ada Brown of the Northern District of...more

History in the Making: Conservatives Work Quickly to Challenge FTC’s Final Rule Banning Noncompete Agreements

Last week, the Federal Trade Commission (FTC) voted in favor of its controversial final rule banning nationwide nearly all noncompete agreements. While the potential noncompete ban has been politically controversial since it...more

Joining Forces and Moving Forward: Navigating the ESG Antitrust Controversy

With an increasing number of companies implementing environmental, social and governance (ESG) initiatives, ESG strategies are becoming more nuanced and complex. While not without controversy, these initiatives can be...more

DOJ Announces Corporate Compliance Policy Changes and Provides New Guidance on Compensation Clawbacks and Personal Device...

In recent weeks, the U.S. Department of Justice (DOJ) has implemented significant changes to its corporate enforcement policies in an attempt to encourage companies to root out and voluntarily disclose corporate misconduct....more

DOJ Encourages State Court to Consider Antitrust Principles to Invalidate Non-Compete Agreements

Non-compete agreements between employers and their employees traditionally are governed by state law. But that did not stop the Antitrust Division of the Department of Justice (DOJ) from recently filing a statement of...more

New Sheriff in Town: DOJ Announces Strengthened Efforts To Combat White Collar Crime

On October 28, 2021, in a speech before the American Bar Association’s 36th Annual National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco formally announced that the Department of Justice is taking...more

Predicting the Enforcement Priorities of the Biden DOJ

With President Biden’s nomination of D.C. Circuit Judge Merrick Garland for U.S. attorney general proceeding toward confirmation in the Senate, the leader of the nation’s legal department is poised to change enforcement...more

DOJ Antitrust Division Issues New Manual on Merger Guidelines

On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division (the Division) published the Merger Remedies Manual (the Manual), issuing new guidelines for remedying anticompetitive mergers. Specifically, the...more

DOJ, FTC Publish New Vertical Merger Guidelines for the First Time in 36 Years

On January 10, 2020, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) Bureau of Competition published their Draft Vertical Merger Guidelines (Draft Guidelines). This was the first...more

The Insatiable American Antitrust Appetite: What Merger Retrospectives Could Mean for Growing Companies

Antitrust pressures are mounting for merging, growing and already-large companies as the Federal Trade Commission (FTC), Department of Justice (DOJ), congressional panels, presidential candidates and even the American public...more

Future of Antitrust Class Actions Foreshadowed in Apple Inc. v. Pepper

On May 13, 2019, the Supreme Court issued its most recent decision relating to antitrust class action litigation. The case, Apple Inc. v. Pepper, No. 17-204, could represent a significant shift in antitrust class action...more

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